Sri Jai Kishore Prasad vs The State Of Karnataka
2022 Latest Caselaw 11268 Kant

                                        -1-




                                                   WP No. 14405 of 2022


                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 03RD DAY OF AUGUST, 2022

                                     BEFORE

                        THE HON'BLE MR. JUSTICE R DEVDAS

                      WRIT PETITION NO. 14405 OF 2022 (LR)

             BETWEEN:

             1.    SRI JAI KISHORE PRASAD
                   S/O RAMESHWARA PRASAD
                   AGED ABOUT 51 YEARS
                   R/A NO.3
                   CUNNINGHAM CRESCENT ROAD
                   BANGALORE-560052
                                                          ...PETITIONER
             (BY SRI. MURALIDHARA P., ADVOCATE)

Digitally
signed by    AND:
JUANITA
THEJESWINI
Location:
HIGH COURT   1.    THE STATE OF KARNATAKA
OF
KARNATAKA          REPRESENTED BY ITS ADDITIONAL
                   CHIEF SECRETARY
                   DEPARTMENT OF REVENUE
                   VIDHANA SOUDHA
                   BENGALURU-560001

             2.    THE ASSISTANT COMMISSIONER
                   CHIKKABALLAPURA SUB DIVISION
                   CHIKKABALLAPURA TALUK
                   CHIKKABALLAPURA DISTRICT-562101

             3.    THE TAHASILDAR
                   CHIKKABALLAPURA TALUK
                   CHIKKABALLAPURA DISTRICT-562101
                                                        ...RESPONDENTS
             (BY SRI.C.N.MAHADESHWARAN, ADVOCATE)
                                  -2-




                                             WP No. 14405 of 2022


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE ENTIRE RECORDS PERTAINING TO THE CASE; QUASH
THE ORDER DTD 25.07.2015 PASSED IN LRF 79AB CR
74/2007-08 BY THE R2/THE ASSISTANT COMMISSIONER,
CHIKKABALLAPURA SUB DIVISION, CHIKKABALLAPURA, AS
CONTAINED IN ANNEXURE-D AND ETC.


    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                                ORDER

R.DEVDAS J., (ORAL):

Learned Additional Government Advocate takes notice

for all the respondents.

2. The petitioner is aggrieved by the order dated

25.07.2015 passed by respondent No.2 - Assistant

Commissioner, Chikkaballapura Sub-Division,

Chikkaballapura, under the provisions of Section 83 for

violation of the provisions in Sections 79-A and 79-B of the

Karnataka Land Reforms Act, 1961.

3. Learned Counsel for the petitioner submits that

this is a case where the impugned order of forfeiture has

been passed by the Assistant Commissioner without notice to

the petitioner. It is further submitted that under similar

WP No. 14405 of 2022

circumstances, a co-ordinate Bench of this Court in

W.P.No.7821/2021 has passed an order dated 16.08.2021

remanding the matter back to the Assistant Commissioner

for fresh consideration after affording an opportunity of

hearing to the aggrieved person.

4. Learned Additional Government Advocate points

out from the impugned order that notice was indeed issued

to the petitioner and in spite of notice having been issued,

the petitioner did not appear before the Assistant

Commissioner.

5. It is the contention of the learned Additional

Government Advocate that even as per the materials

available on record, after forfeiture, the excess lands have

been granted by the State Government to third parties. The

Assistant Commissioner is therefore required to ascertain,

whether the forfeited lands still remain with the State

Government or has been granted to third parties. If the

lands have been granted to third party, then sub-section(1)

of Section 12 of the amending Act will apply to say that the

proceedings have reached finality. Or otherwise, sub-section

WP No. 14405 of 2022

(2) of Section 12 of the Amending Act will apply and all

further proceedings shall be declared as abated by the

Assistant Commissioner.

6. Having considered the submission of the learned

Counsels and on perusing the judgment of the co-ordinate

Bench in W.P.No.7821/2021, this Court finds that facts and

circumstances in both these matters are quite similar and

therefore, the benefit of the decision of the co-ordinate

bench should also enure to the petitioner herein.

7. Consequently, the writ petition is allowed. The

impugned order dated 25.07.2015 passed in case

No.L.R.F:79AB:CR:74/2007-08 is hereby quashed and set

aside. The matter is remitted back to the respondent No.2-

Assistant Commissioner to consider the case of the petitioner

including the consequences of the subsequent amendment

brought to the provisions of Sections 79-A and 79-B of the

Karnataka Land Reforms Act in Karnataka Amendment No.56

of 2020.

WP No. 14405 of 2022

8. The petitioner shall appear before the respondent-

Assistant Commissioner on 25th August 2022, without

waiting for further notice from the Assistant Commissioner.

Ordered accordingly.

Learned Additional Government Advocate is permitted

to file memo of appearance within a period of four weeks

from today.

Sd/-

JUDGE

rv