Quashed

Sri a N Santhoshkumar v. State of Karnataka

Karnataka HC8 Aug 2022WP/7194/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka, in a writ petition under Articles 226 & 227, quashed an order of forfeiture passed by the Assistant Commissioner. Finding facts similar to a co-ordinate Bench decision in W.P.No.7821/2021, the court remitted the matter for fresh consideration after an opportunity of hearing.

What did the court decide?

Impugned order dated 31.08.2018 quashed and set aside; matter remitted to Assistant Commissioner for fresh consideration with hearing.

Sri a N Santhoshkumar Vs State of Karnataka — Land Acquisition | Karnataka HC (2022)

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WP No. 7194 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF AUGUST, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE R DEVDAS

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WRIT PETITION NO. 7194 OF 2022 (LR)

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BETWEEN:

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SRI. A. N. SANTHOSHKUMAR S/O A.S. NARAYANAGOWDA AGED ABOUT 38 YEARS ALLALASANDRA G.K.V.K. POST BENGALURU-560 064.

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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(BY SRI. MITHUN G A, ADVOCATE)

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AND:

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…PETITIONER

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING DR.AMBEDKAR ROAD BANGALORE-560 001.

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THE DEPUTY COMMISSIONER DODDABALLAPAURA SUB-DIVISION DODDABALLAPUR-560038.

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THE TAHSILDAR DODDABALLAPUR TALUK DODDABALLAPUR-560038.

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…RESPONDENTS

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(BY SRI.C.N.MADESHWARAN, AGA)

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WP No. 7194 of 2022

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 31.08.2018 IN CASE NO.LRF SR (DO) 355/2012-13 PASSED BY THE R-1 AND ETC.

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

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ORDER

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R.DEVDAS J., (ORAL):

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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 Sections 79-A and 79-B of the Karnataka Land Reforms Act, 1961.

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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

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WP No. 7194 of 2022

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Assistant Commissioner for fresh consideration after affording an opportunity of hearing to the aggrieved person.

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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.

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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.

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Consequently, the impugned order dated 31.08.2018 passed in LRF:SR(DO)355/2012-13 is hereby quashed and set aside. The matter is remitted back to the respondent-Assistant Commissioner to

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WP No. 7194 of 2022

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consider the case of the petitioner including the

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consequences of the subsequent amendment brought

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to the provisions of Sections 79-A and 79-B of the Karnataka Land Reforms Act in Karnataka Amendment No.56 of 2020.

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The petitioner shall appear before the respondent-Assistant Commissioner on 25^th August 2022 , without waiting for further notice from the respondent-Assistant Commissioner.

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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.

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Ordered accordingly.

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Sd/JUDGE

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Sri a N Santhoshkumar v. State of Karnataka

Case brief

What is this about?

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Sri a N Santhoshkumar v. State of Karnataka

Case brief

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