Sri. N Ramanjaneya Raju @ N.R.Raju vs The State Of Karnataka
2022 Latest Caselaw 1230 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. 1544/2022 (LR)

BETWEEN

SRI N. RAMANJANEYA RAJU @ N.R.RAJU
S/O N SURYABHAGAVANA RAJU
@ N.S.B.RAJU
AGED ABOUT 66 YEARS
R/AT NO.16/2,
4TH MAIN, 8TH CROSS
AMBIKA SCHOOL
JM NAGAR, NANDINI LAYOUT,
BANGALORE - 560096.
                                         ... PETITIONER
(BY SRI. RAVINDRANATH M, ADVOCATE)

AND

1.    THE STATE OF KARNATAKA
      BY ITS SECRETARY
      DEPARTMENT OF REVENUE
      M.S.BUILDING
      BANGALORE - 560001.


2.    THE ASSISTATN COMMISSIONER
      DODDABALLAPURA SUB-DIVISION
      DODDABALLAPURA - 561203.
                               -2-


3.    THE TAHASILDAR
      DEVANAHALLI TALUK
      DEVANAHALLI - 562110.
                                              ... RESPONDENTS
      (BY SRI. A. R. SRINIVAS, ADVOCATE)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 31.10.2018 PASSED BY R2 AS PER ANNEXURE-B.

     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 all the respondents.

2. The petitioner is aggrieved by the order dated

31.10.2018 in case No.LRF: SR (DE): 250/2014-15, passed by

the second respondent-Assistant Commissioner,

Doddaballapura Sub-Division, Doddaballapura, 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 31.10.2018 in case

No.LRF:SR(DE):250/2014-15, is hereby quashed and set

aside. The matter is remitted back to the second 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 second

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 31.10.2018, 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