Sri Chandrashekar N vs State Of Karnataka
2022 Latest Caselaw 1375 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 31ST DAY OF JANUARY, 2022

                         BEFORE

           THE HON' BLE MR.JUSTICE R DEVDAS

        WRIT PETITION NO.1941 OF 2022 (LR)


BETWEEN

SRI CHANDRASHEKAR N
S/O LATE NANJAPPA
AGRICULTURIST
AGED ABOUT 47 YEARS
R/AT 37, 5TH CROSS,
NEAR AMBABHAVANI TEMPLE
KAREKALLU KAMAKSHIPALYA
BENGALURU - 560 079                         ... PETITIONER

      (BY SRI.C.A.AJITH, ADVOCATE)


AND

1.    STATE OF KARNATAKA
      REP BY ITS PRINCIPAL SECRETARY
      REVENUE DEPARTMENT
      M S BUILDING, DR B R AMBEDKAR VEEDI
      BENGALURU - 560 001

2.    THE ASSISTANT COMMISSIONER
      DODDABALLAPURA SUB DIVISION
      DODDABALLAPURA - 561 203
      BENGALURU RURAL DISTRICT
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3.   THE TAHSILDAR
     NELAMANGALA TALUK
     NELAMANGALA - 562 123
     BENGALURU RURAL DISTRICT                     ...RESPONDENTS

(BY SRI.R.SRINIVASA GOWDA, AGA)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE RECORDS DISPOSED OFF ON THE FILE OF THE R-2
DTD.31.8.2018 AND QUASH THE ORDER DTD.31.8.2018 PASSED
BY THE R-2 VIDE ANNEXURE-A AND DIRECT THE RESPONDENTS
TO RESTORE THE RTC FOR THE LAND IN SY NO.118/6B1
MEASURING 0-10 GUNTAS, SITUATED AT KANEGOWDANAHALLI
VILLAGE, KASABAHOBLI, NELAMANGALA TALUK, BENGALURU
RURAL DISTRICT AND ETC.,


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


                              ORDER

R.DEVDAS J., (ORAL):

The petitioner is aggrieved by the order dated

31.08.2018 passed by the 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.

2. 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.

3. 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.

4. 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.

5. Consequently, the impugned order dated

31.08.2018 passed in No.LRF(Ne)SR/191/2013-2014 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.

6. The petitioner shall appear before the second

respondent-Assistant Commissioner on 21st February,

2022, without waiting for further notice from the Assistant

Commissioner.

7. If revenue entries have been altered pursuant to

the impugned order dated 31.08.2018, the same shall be

restored in favour of the petitioner.

Ordered accordingly.

Sd/-

JUDGE

KLY