Karnataka High Court
Sri. Shekhar Mahalingappa Pthane S/O ... vs The Principal Secretary on 25 January, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC-D:1875
WP No. 100512 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 25TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 100512 OF 2024 (LR-)
BETWEEN:
1. SRI. SHEKHAR MAHALINGAPPA PTHANE S/O
MAHALINGAPPA PATHANE
AGE 65 YEARS,
2. SRI SURESH MAHALINGAPPA PATHANE S/O
MAHALINGAPPA PATHANE
AGED 62 YEARS,
BOTH ARE R/AT GANCHIGLAJ
KOLHAPUR DISTRICT 416502
ALSO R/AT
DODWAD VILLAGE
BAILHONGAL HOBLI
BAILHONGAL TALUK
SUJATA BELAGAVI DISTRICT 591102
SUBHASH
PAMMAR
...PETITIONERS
Digitally signed by
SUJATA SUBHASH (BY SRI. SUNILKUMAR BANGARI, ADVOCATE)
PAMMAR
Date: 2024.02.01 AND:
22:59:31 -0800
1. THE PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
STATE OF KARNATAKA
VIDHANA SOUDHA
BENGALURU 560001
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NC: 2024:KHC-D:1875
WP No. 100512 of 2024
2. THE DEPUTY COMMISSIONER
BELAGAVI DISTRICT
DISTRICT ADMINISTRATIVE OFFICE
BELAGAVI 590001
3. THE ASSISTANT COMMISSIONER
BAILHONGAL SUB-DVN,
BAILHONGAL,
BELAGAVI DISTRICT 591102
4. THE TAHSILDAR
BAILHONGAL TALUK,
BELAGAVI DISTRICT 591102
...RESPONDENTS
(BY SRI.MAHANTESH SHETTAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR THE ENTIRE RECORDS IN KLR/79AB/CR-08/2015-16
FROM THE OFFICE OF RESPONDENT NO.3-ASSISTANT
COMMISSIONER VIDE ANNEXURE-A.
II. ISSUE A WRIT OF CERTIORARI, OR ANY OTHER WRIT, ORDER OR
DIRECTION SETTING ASIDE THE ORDER PASSED ON THE FILE OF
RESPONDENT NO.3-ASSISTANT COMMISSIONER, IN KLR/79AB/CR-
08/2015-16 DATED 30-12-2016 AT ANNEXURE-A CONSEQUENTLY
RESTORE THE KATHA IN RESPECT OF AGRICULTURAL PROPERTY
BEARING SY.NO.387/2 MEASURING AN EXTENT OF 8A-12gs.,
SITUATED AT DODAWADA VILLAGE, BAILHONGAL TALUK, BELAGAVI
DISTRICT IN THE NAMES OF THE PETITIONERS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:1875
WP No. 100512 of 2024
ORDER
The petitioners claiming to be the agriculturists purchased agriculture land bearing Sy.No.387/2 measuring 8 acres, 12 guntas situated at Dodwad Village, Bailhongal Taluk through a registered sale deed dated 27.12.2014. Respondent No.3 initiated proceedings under Section 83 of the Karnataka Land Reforms Act, 1961 (for short, hereinafter referred to as 'the Act') alleging that the petitioners have purchased the agricultural land in violation of Section 79B of the Act. Respondent No.2 by impugned order, declared the sale deed executed in favour of the petitioners as null and void, and forfeited the land with the Government stating that the petitioners purchased the property in violation of Section 79B of the Act.
2. Heard the learned counsel for the petitioners and learned Additional Government Advocate for the State.
3. The petitioners have annexed the copy of the record of right in respect of agricultural land bearing Sy.No.125 and 258 indicating that the petitioners are owners, and in possession of the said land. Therefore, the impugned order was passed without providing an opportunity of hearing to the petitioners to substantiate that they were agriculturists and fulfill the requirement under section 79B of the Act. Therefore, the impugned order passed is in violation of principles of natural justice and contrary to Section 79C of the Act. Accordingly, I proceed to pass the following:
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i) The petition is allowed.
ii) The impugned order dated 30.12.2016 passed by respondent No.3 at Annexure-A is hereby quashed.
iii) Respondent No.4 is hereby directed to restore the names of the petitioners in the revenue records in respect of Sy.No.258/2 measuring 8 acres 12 guntas situated at Dodwad Village, Bailhongal Taluk after deleting the name of the Government.
iv) The exercise shall be concluded within a period of eight weeks from the date of receipt of the certified copy of this order.
Sd/-
JUDGE SSP CT:ANB List No.: 1 Sl No.: 20