Quashed

Naveen Havaldar v. the State of Karnataka

Karnataka HC20 Sept 2021WP/14325/2021

Case brief

AI extract

What is this about?

High Court in Karnataka quashed orders passed by Assistant Commissioner under Land Reforms Act for being passed without notice to petitioner, thus violating natural justice, and directed the complainant to provide a notice and hearing opportunity.

What did the court decide?

Impugned order dated 31.10.2013 set aside. Petitioner permitted to file objections by 27.10.2021. Respondent No.3 directed to provide opportunity of being heard and pass necessary orders.

Naveen Havaldar Vs the State of Karnataka — Land Acquisition | Karnataka HC (2021)

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WP NO.14325 OF 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.14325 OF 2021 (LR)

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BETWEEN:

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NAVEEN HAVALDAR AGED ABOUT 48 YEARS S/O PRABHAKAR HAVALDAR R/AT RADHANA SADHANA 67 A/7, KANVAR SING ROAD KUNDAPURA, KUNDAPURA TALUK UDUPI-576 201

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...PETITIONER

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(BY SRI. RAMESHA.H.E, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF REVENUE MS BUILDING, DR. AMBEDKAR VEEDHI BENGALURU-560 001

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THE TAHSILDAR CHANNAPATNA TALUK

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RAMANAGARA DISTRICT-562 160

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THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION RAMANAGARA -562 159

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… RESPONDENTS (BY SRI. R. SRINIVAS GOWDA, AGA FOR R1 TO R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE R3 IN NO.LRF (CHA) 79 A & B/58/2010-11 DATED 31.10.2013 VIDE AT ANNEXURE-B

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WP NO.14325 OF 2021

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

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ORDER

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The petitioner is before this Court seeking for the following relief:

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"To issue writ in the nature of certiorari to quash the order passed by the 3^rd Respondent in No.LRF (CHA) 79 A & B/58/2010-11 dated 31.10.2013 vide at ANNEXURE-B " .

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The learned Additional Government Advocate accepts notice for the respondent Nos.1 to 3.

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The grievance of the petitioner is that the impugned order dated 31.10.2013 has been passed without notice regarding the said proceedings having been served on the petitioner.

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A perusal of the order sheet does not indicate any endorsement as regards the service of notice on the petitioner. In view thereof, there is a violation of principles of natural justice.

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WP NO.14325 OF 2021

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The impugned order dated 31.10.2013 passed in No.LRF (CHA) 79A & B/58/2010-11 by the respondent No.3 is set aside.

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The petitioner is permitted to file his objections before the respondent No.3 on or before 27.10.2021. The petitioner shall appear before the respondent No.3 without requirement of any further notice on 08.11.2021 at 3.00 p.m. The respondent No.3 is directed to provide an opportunity of being heard to the petitioner and pass necessary orders in accordance with law.

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With the above directions, the Writ Petition is disposed of.

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Sd/JUDGE

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Prs*

Naveen Havaldar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Naveen Havaldar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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