M LOKESH CHANDRA TAK Vs. STATE OF KARNATAKA - BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA, BANGALORE AND SUB DIVISIONAL COMMISSIONER DODDBALLAPURA SUB-DVN. BANGALORE

JUDGEMENT

(1.) Petitioner is before this Court aggrieved by the order of the Sub-Divisional Commissioner, Doddaballapur Sub-Dvn., Bangalore on 21.3.2009-annexure C. According to the petitioner, he is an agriculturist and also a resident of Bangalore and his family owns agricultural land. The property in Sy.No. 143/1 (Old Sy.No. 143) situate at Kestur Village, Doddaballapur, Bangalore Rural District measures about 1 acre and he has purchased the same on 14.12.2006. Since then, he is in peaceful possession and enjoyment and his name is entered in the RTC in respect of the schedule property, He has also produced annexures B and B1 indicating his name in Form 9 as well as in Column 12 of the RTC. According to him, behind his back and without notice to him, impugned order is passed at annexure C on initiating proceedings under S.79A & B of the Land Reforms Act r/w S. 80 of the Act.

(2.) Heard the Government Pleader.

(3.) A perusal of the impugned order at annexure C is nor indicative of service of notice on the petitioner. However, the said order has been passed alleging violation of S. 79A of the Land Reforms Act and: exercising power under S. 83 of the Act, property has been forfeited by the order of the Sub-Divisional Commissioner instructing the Tahsildar to follow the procedure as per S. 77 of the Act. It is to be seen, no such document is available for having served notice on the petitioner and the order has been passed exparte.