Sri A N Santhoshkumar vs State Of Karnataka
2022 Latest Caselaw 11280 Kant

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                                                             WP No. 7302 of 2022


                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 04TH DAY OF AUGUST, 2022

                                                  BEFORE
                                  THE HON'BLE MR JUSTICE R DEVDAS
                                WRIT PETITION NO. 7302 OF 2022 (LR)
                      BETWEEN:

                      1.    SRI A N SANTHOSHKUMAR
                            S/O A.S.NARAYANAGOWDA
                            AGED 38 YEARS, ALLALASANDRA,
                            G.K.V.K. POST,
                            BENGLAURU-560 064.
                                                                     ...PETITIONER

                      (BY SRI. MITHUN G A.,ADVOCATE)

                      AND:

                      1.    STATE OF KARNATAKA
                            REP BY ITS SECRETARY
                            REVENUE DEPARTMENT,
                            MS BUILDING, DR AMBEDKAR ROAD,
                            BANGALORE-560 001

                      2.    THE DEPUTY COMMISSIONER
                            DODDABALLAPURA SUB DIVISION,
                            DODDABALLAPUR-562 110.

Digitally signed by
GURURAJ D             3.    THE TAHSILDAR
Location: High              DODDABALLAPUR TALUK
Court of Karnataka
                            DODDABALLAPUR-561 203.
                                                                  ...RESPONDENTS

                      (BY SRI. SHESHU V., HCGP)

                           THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
                      OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
                      ORDER DATED 31.102018 IN CASE R1 & R2 TAHSILDAR TO RESTORE
                      THE NAME OF PETITIONER BEING ABSOLUTE OWNER OF THE LAND
                      IN SY.NO.27/2A MEASURING 2 ACRES 14 GUNTAS OF KOLIGERE
                      VILLAGE, DODDABELAVANGALA HOBLI DODDABALLAPUR TALUK
                      VIDE M.R.NO.43/2011-12 AND ETC.,
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                                             WP No. 7302 of 2022


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

                             ORDER

R. DEVDAS J., (ORAL):

Learned HCGP takes notice for all the respondents.

2. The petitioner is are aggrieved by the order dated

31.10.2018 passed by the Assistant Commissioner,

Doddaballapura Sub-Division, Doddaballapura, 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

petitioners. It is further submitted that under similar

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.

WP No. 7302 of 2022

4. Learned HCGP 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 HCGP 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 (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

WP No. 7302 of 2022

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 31.10.2018 passed in case

No.L.R.F.SR(zÉÆ) 91/2014-15 is hereby quashed and set

aside. The matter is remitted back to the respondent-

Assistant Commissioner to consider the case of the

petitioners 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.

8. The petitioner shall appear before the respondent-

Assistant Commissioner on 19th August 2022, without waiting

for further notice from the Assistant Commissioner.

Ordered accordingly.

WP No. 7302 of 2022

Learned HCGP is permitted to file Memo of Appearance

within a period of four weeks from today.

Sd/-

JUDGE

Psg*