Sri. Gurumallappa Vs. The Assistant Commissioner - Court Judgment

SooperKanoon Citationsooperkanoon.com/1195972
CourtKarnataka High Court
Decided OnAug-27-2014
Case NumberWP 37824/2014
JudgeH.G.RAMESH
AppellantSri. Gurumallappa
RespondentThe Assistant Commissioner
Excerpt:
- 1 - wp no.37824/2014 in the high court of karnataka at bangalore dated this the27h day of august2014before the hon’ble mr.justice h.g.ramesh writ petition no.37824/2014(klr-rr/sur) r smt. l.girijamma w/o. sri gurumallappa aged about58years no.563, e.w.s., 6th main road6h ‘a’ main, kengeri upanagar bangalore- 560 060 ... petitioners sri gurumallappa s/o. marimadappa aged about65years lakshmipura village palya hobli, kollegal taluk chamarajnagar district- 571 440 between:1. 2. (by sri tharanatha shetty, k, advocate) and:1. 2. 3. the tahsildar kollegal taluk kollegal chamarajanagar district- 571 440 the assistant commissioner kollegal sub-division kollegal chamarajanagar district-571 440 sri j.gopal s/o. j.javaraiah major no.424/a, 3rd cross - 2 - wp no.37824/2014 south extension kollegal town chamarajanagar district- 571 440 ... respondents (by sri r.b.sathyanarayana singh, hcgp for r1 and r2 sri ajay m.d., caveator for r3) this writ petition is filed under articles226and227of the constitution of india praying to quash the order dated1706.2014 passed by the r-1 in r.a.no.82/2012-13 vide annexure-a this writ petition coming on for preliminary hearing this day, the court made the following: order h.g.ramesh, j.(oral):1. this writ petition is directed against the order dated 17.06.2014, wherein the assistant commissioner, kollegal sub-division has declared purchase of the land measuring 3 acres 99 cents by petitioner no.2 on 20th april 2011 as void on the ground that the purchase was violative of sections 79a and 79b of the karnataka land reforms act, 1961 (the ‘act’).2. by consent of the learned counsel on both sides, the petition is heard on merits and is being disposed of by this order.-. 3 - wp no.37824/2014 3. the contention of the learned counsel for the petitioners is that, no show-cause notice was issued to petitioner no.2 re.validity of the purchase and therefore, the petitioners had no opportunity to show that the purchase was not contrary to the provisions of the act. hence, he contends that the impugned order is violative of the principles of natural justice and is liable to be set aside.4. learned high court government pleader fairly submits that no show-cause notice was issued to the petitioners regarding validity of purchase of the land.5. as no show-cause notice was issued to petitioner no.2, the impugned order is violative of the principles of natural justice. further, the finding recorded by the assistant commissioner that purchase of the land was violative of sections 79a & 79b of the act is outside the scope of the proceeding as the proceeding related to only change of khatha and it was not an inquiry under section 83 of the act. accordingly, the impugned order dated 17.06.2014 passed by the assistant commissioner is set - 4 - wp no.37824/2014 aside and the matter is remitted to the assistant commissioner for reconsideration in accordance with law, after affording an opportunity of hearing to the petitioners. all contentions of both the parties are kept open. petition disposed of. sd/- judge ksr
Judgment:

- 1 - WP No.37824/2014 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE27H DAY OF AUGUST2014BEFORE THE HON’BLE MR.JUSTICE H.G.RAMESH WRIT PETITION NO.37824/2014(KLR-RR/SUR) R SMT. L.GIRIJAMMA W/O. SRI GURUMALLAPPA AGED ABOUT58YEARS NO.563, E.W.S., 6TH MAIN ROAD6H ‘A’ MAIN, KENGERI UPANAGAR BANGALORE- 560 060 ... PETITIONERS SRI GURUMALLAPPA S/O. MARIMADAPPA AGED ABOUT65YEARS LAKSHMIPURA VILLAGE PALYA HOBLI, KOLLEGAL TALUK CHAMARAJNAGAR DISTRICT- 571 440 BETWEEN:

1.

2. (BY SRI THARANATHA SHETTY, K, ADVOCATE) AND:

1.

2. 3. THE TAHSILDAR KOLLEGAL TALUK KOLLEGAL CHAMARAJANAGAR DISTRICT- 571 440 THE ASSISTANT COMMISSIONER KOLLEGAL SUB-DIVISION KOLLEGAL CHAMARAJANAGAR DISTRICT-571 440 SRI J.GOPAL S/O. J.JAVARAIAH MAJOR NO.424/A, 3RD CROSS - 2 - WP No.37824/2014 SOUTH EXTENSION KOLLEGAL TOWN CHAMARAJANAGAR DISTRICT- 571 440 ... RESPONDENTS (BY SRI R.B.SATHYANARAYANA SINGH, HCGP FOR R1 AND R2 SRI AJAY M.D., CAVEATOR FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER

DATED1706.2014 PASSED BY THE R-1 IN R.A.NO.82/2012-13 VIDE ANNEXURE-A THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER

H.G.RAMESH, J.

(Oral):

1. This writ petition is directed against the order dated 17.06.2014, wherein the Assistant Commissioner, Kollegal Sub-division has declared purchase of the land measuring 3 acres 99 cents by petitioner No.2 on 20th April 2011 as void on the ground that the purchase was violative of Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 (the ‘Act’).

2. By consent of the learned Counsel on both sides, the petition is heard on merits and is being disposed of by this order.-. 3 - WP No.37824/2014 3. The contention of the learned counsel for the petitioners is that, no show-cause notice was issued to petitioner No.2 re.validity of the purchase and therefore, the petitioners had no opportunity to show that the purchase was not contrary to the provisions of the Act. Hence, he contends that the impugned order is violative of the principles of natural justice and is liable to be set aside.

4. Learned High Court Government Pleader fairly submits that no show-cause notice was issued to the petitioners regarding validity of purchase of the land.

5. As no show-cause notice was issued to petitioner No.2, the impugned order is violative of the principles of natural justice. Further, the finding recorded by the Assistant Commissioner that purchase of the land was violative of Sections 79A & 79B of the Act is outside the scope of the proceeding as the proceeding related to only change of Khatha and it was not an inquiry under Section 83 of the Act. Accordingly, the impugned order dated 17.06.2014 passed by the Assistant Commissioner is set - 4 - WP No.37824/2014 aside and the matter is remitted to the Assistant Commissioner for reconsideration in accordance with law, after affording an opportunity of hearing to the petitioners. All contentions of both the parties are kept open. Petition disposed of. Sd/- JUDGE KSR