Arava Sri Rama Murthy vs The Assistant Commissioner
2022 Latest Caselaw 1216 Kant

                            -1-


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 27TH DAY OF JANUARY, 2022

                          BEFORE

            THE HON' BLE MR.JUSTICE R DEVDAS

          WRIT PETITION NO. 1357/2022 (LR)

BETWEEN

ARAVA SRI RAMA MURTHY
S/O A RAMA RAO
AGED ABOUT 38 YEARS
AGRICULTURIST
R/AT CAMPUS-4
KURINJALAM STREET
KURINJALAM VILLAGE
VARADAIAH PALYAM MANDAL
CHITTOOR DISTRICT - 517541
ANDHRA PRADESH.
                                          ... PETITIONER
(BY SRI. N.S.BHAT, ADVOCATE)

AND

1.    THE ASSISTANT COMMISSIONER
      KOLAR SUB-DIVISION
      D.C.OFFICE COMPOUND
      KOLAR - 583101.

2.    THE TAHASILDAR
      MINI VIDHANA SOUDHA
      BANGARPET
      KOLAR DISTRICT - 563114.
                                        ... RESPONDENTS
      (BY SRI. A SRINIVAS GOWDA, ADVOCATE)
                                   -2-


     THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 26.11.2014 IN CASE NO.LRF CR 116/2012-13 PASSED
BY THE R1- ASSISTANT COMMISSIONER, KOLAR SUB-DIVISION,
KOLAR, AS PER ANNEXURE-J AND CONSEQUENTLY TO RETAIN/
RESTORE THE KATHA/NAME OF THE PETITIONER IN RESPECT OF
AGRICULTURAL LAND BEARING NO.2 MESURING 13-10-00
SITUATED AT KADARIPURA VILLAGE, BUDIKOTE HOBLI,
BENGARPET TALUK KOLAR DISTRICT.

     THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:


                            ORDER

R.DEVDAS J., (ORAL):

Learned Additional Government Advocate takes notice

for both the respondents.

2. The petitioner is aggrieved by the order dated

26.11.2014 in case No.LRF.CR.116/2012-13, passed by the

first respondent- Assistant Commissioner, Kolara Sub-

Division, Kolara, under the provisions of Section 83 for

violation of the provisions in Section 79-A and 79-B of the

Karnataka Land Reforms Act, 1961.

3. Learned Counsel for the petitioner submits that this

is a case where the impugned order of forfeiture has been

passed by the Assistant Commissioner without notice to the

petitioner. It is further submitted that under similar

circumstances, a co-ordinate Bench of this Court in

W.P.No.7821/2021 has passed an order dated 16.08.2021

remanding the matter back to the Assistant Commissioner for

fresh consideration after affording an opportunity of hearing

to the aggrieved person.

4. Learned AGA points out from the impugned order that

notice was indeed issued to the petitioner and in spite of

notice having been issued, the petitioner did not appear

before the Assistant Commissioner.

5. Having considered the submission of the learned

Counsels and on perusing the judgment of the co-ordinate

Bench in W.P.No.7821/2021, this Court finds that facts and

circumstances in both these matters are quite similar and

therefore, the benefit of the decision of the co-ordinate bench

should also enure to the petitioner herein.

6. Consequently, the writ petition is allowed. The

impugned order dated 26.11.2014 passed in case

No.L.R.F.C.R.116/2012-13, is hereby quashed and set aside.

The matter is remitted back to the first respondent-Assistant

Commissioner to consider the case of the petitioner including

the consequences of the subsequent amendment brought to

the provisions of Sections 79-A and 78-B of the Karnataka

Land Reforms Act in Karnataka Amendment No.56 of 2020.

7. The petitioner shall appear before the first

respondent-Assistant Commissioner on 17th February 2022,

without waiting for further notice from the Assistant

Commissioner.

8. If revenue entries have been altered pursuant to the

impugned order dated 26.11.2014, the same shall be restored

in favour of the petitioner.

Ordered accordingly.

9. Learned Additional Government Advocate is

permitted to file Memo of Appearance within a period of four

weeks from today.

Sd/-

JUDGE

DL