Karnataka High Court
Mr Regi Kurian vs The Assistant Commissioner on 20 April, 2012
Author: Huluvadi G.Ramesh
Bench: Huluvadi G.Ramesh
IN THE HiGH COURT OF KARNATAK
A AT
BANGALORE
DATED THIS THE Th1
20
DAY OF APRiL 2012
BEFORE
THE HON'BLE MR.JUSTICE HULUVADL
G.RAMESH
WRIT PETiTION NO.5586 OF 2012(LR-R
ES)
BETWEEN
MR REGI KURIAN
62 YEARS, S/O LATE C.KURIAN,
R/AT QOPPOOTTIL HOUSE,
CHETTY STREET
KOTTAYAM. KERALA-68600 1
PETITIONER
(By Sri MANMOHAN P N, ADV)
AND:
I THE ASSISTANT COMMISSIONER
BANGALORE NORTH DIVISION,
V.V. TOWERS. BANGALORE
2 THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE.
MS BUILDING. BANGALORE
BY ITS SECRETARY RESPONDENTS
(By Sri SHASHIDHAR S KARMADL HC
GP)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDER DTD.3L8.l0 PASSED
BY THE RI IN LRF (83) (BE)08/09-10 VIDE ANNEX-V.
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY. THE
COURT MADE THE FOLLOWING:
ORDER
Petitioner has sought for issuance of writ of certiorari to quash the order of the 1 respondent at Annexure V dated 31.8.2010 and for such other orders.
2. By invoking the provisions under Section 79A and B of the Karnataka Land Reforms Act, the respondent-
authority has forfeited the property of the petitioner to the Government on the ground that there is violation of the said provisions. Against the said order, petitioner had moved the Karnataka Appellate Tribunal in Appeal No.728/2005 wherein the appeal was allowed and matter was remitted to the l' respondent for fresh disposal. Thereafter, the l respondent by order dated 31.08.2010 held that there is violation of Section 79A and B of the Act, against which, onc e against petitioner preferred Appeal No.758/2010 before the Karnataka Appellate Tribunal, which is pending consideration.
3. Heard the learned counsel for the peti tioner and the learned Government Pleader.
4. The submission of the petitioner's counsel is, he is basically an agriculturist. To demonstrat e that his income does J 5ic1- not exceed Rsjakh per annum other than from agricultural resoulces he has produced an endorsement issu ed b the Income Tax department. As such, he is entitled for dropping of the proceedings.
5. As per the provisions of Section 79A and B of the Karnataka Land Reforms Act, the petitioner must be an , cC/.
agncultuiist and that his income shall not exceed Rslakhs pci annum from other than agricultural reso urces. In this regard, petitioner has submitted several docum ents including the 4 endorsement issued by the Income Tax Dep artment, based on which, it is for the Appellate Tribunal to disp ose of the case, in accordance with law, within three month s from the date of receipt of the copy of this order, after giving due opportunity to the petitioner.
Petition is disposed of Sd/a JUDGE Bkp