IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.18427 OF 2018 (LR-RES) BETWEEN :
1. SMT. INDIRAMMA D/O LATE NARASIMHAIAH AGED ABOUT 31 YEARS HOUSE WIFE R/AT MEENAKUNTE VILLAGE JALA HOBLI BENGALURU NORTH TALUK-562 157 2. SRI. MANJUNATH S/O LATE NARASIMHAIAH AGED ABOUT 29 YEARS AGRICULTURIST R/AT MEENAKUNTE VILLAGE JALA HOBLI BENGALURU NORTH TALUK-562 157 BOTH ARE REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY HOLDER SRI. R. KEMPARAJU S/O K. RAJANNA AGED ABOUT 47 YEARS R/AT NO.2399, GANDHARPURA 4TH WARD, 2ND DIVISION DODDABALLAPURA CITY BENGALURU RURAL DISTRICT-561 203 …PETITIONERS (BY SHRI. SHARATH S. GOWDA, ADVOCATE) AND :
1. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION O/AT MINI VIDANASOUDHA TALUK OFFICE, CIRCLE DODDABALLAPURA BENGALURU RURAL DISTRICT-561 203 2. THE TAHSILDAR DODDABALLAPURA SUB-DIVISION O/AT MINI VIDANASOUDHA TALUK OFFICE CIRCLE DODDABALLAPURA BENGALURU RURAL DISTRICT-561 203 ... RESPONDENTS (BY SMT. M.C. NAGASHREE, AGA) . . . .
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 15.9.2017 PASSED BY KARNATAKA APPELLATE TRIBUNAL IN REV. APPEAL NO.590/2016 VIDE ANNEX-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner’s father Narasimhaiah had purchased 2 acres 8 guntas land in Survey No.23/P2 of Thimmasandra Village, Kasaba Hobli, Doddaballapura Taluk, under a sale deed dated 10th May 2007. Suo moto proceedings were initiated by the Tahsildar alleging violation of Sections 79(A) & (B) of the Karnataka Land Reforms Act. After adjudication, the Assistant Commissioner passed an adverse order against Narasimhaiah. The said Narasimhaiah passed away on 02.07.2014. Petitioners herein presented an appeal before Karnataka Appellate Tribunal (‘KAT’ for short), challenging Assistant Commissioner’s order. The KAT raised two issues for its consideration and first among them is with regard to delay in filing the appeal. Holding said issue against the petitioners, KAT has dismissed the appeal. Hence, this petition.
2. Shri Sharath S.Gowda, learned advocate for the petitioners submitted that order was passed by the Assistant Commissioner on 30th March 2012, whereas petitioners’ father passed away in the year 2014. First petitioner is house wife and second petitioner is an agriculturist. They are illiterate citizen. Petitioners’ father was taking care of family affairs. When second petitioner approached the office of the Tahsildar in the year 2016 to obtain copies of revenue documents, he learnt about the order passed by the Assistant Commissioner and thereafter petitioners filed the appeal.
3. Learned AGA argued in support of the order passed by the KAT.
4. I have carefully considered rival submissions and perused the records.
5. The KAT has recorded that though notice was served, Narasimhaiah did not appear before the Assistant Commissioner. There was no justification to condone delay of 1503 days. Perusal of the order passed by the Assistant Commissioner shows that Narasimhaiah did not appear before the said authority. It is not in dispute that Narasimhaiah passed away on 02.07.2014. It is claimed that first petitioner is a home maker and second petitioner an agriculturist. The resultant effect of order passed by both Assistant Commissioner and KAT is forfeiture of land. But the said order is passed without service of notice to Narasimhaiah.
6. In the facts and circumstances of the case, it is appropriate to grant an opportunity to the petitioners.
Hence, the following:
ORDER (i) Writ petition is allowed;
(ii) Order dated 15.09.2017 in Revision Appeal No.590/2016 passed by the KAT, Bengaluru, vide Annexure-A is quashed;
(iii) Order dated 30.03.2012 in LRF.(D0) 293/2007- 08 is set aside and the matter is remitted to the Assistant Commissioner, Doddaballapura Sub Division, Bengaluru Rural District to take up the proceedings afresh and pass appropriate orders after granting an opportunity of hearing to the petitioners;
(v) Petitioners shall appear without notice before the Assistant Commissioner, Doddaballapur Sub Division, Bengaluru Rural District on 16th December 2019 and take further dates.
No costs.
Sd/- JUDGE Yn.