Sri. C. Muniyappa vs The State Of Karnataka
2022 Latest Caselaw 11551 Kant

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                                                    WP No. 16996 of 2022

                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 26TH DAY OF AUGUST, 2022

                                       BEFORE

                         THE HON'BLE MR. JUSTICE R DEVDAS

                       WRIT PETITION NO. 16996 OF 2022 (LR)

              BETWEEN:

              1.    SRI. C. MUNIYAPPA
                    S/O LATE CHALUVAPPA
                    AGED ABOUT 58 YEARS
                    R/A CHEEMASANDRA VILLAGE
                    BIDARAHALLI HOBLI
                    BENGALURU EAST TALUK-560049
                    BENGALURU URBAN DISTRICT
                                                           ...PETITIONER

Digitally signed (BY SRI. BHADRINATH R., ADVOCATE)(PH)
by JUANITA
THEJESWINI AND:
Location: HIGH
COURT OF         1. THE STATE OF KARNATAKA
KARNATAKA            REPRESENTED BY SECRETARY
                     REVENUE DEPARTMENT
                     M S BUILDING
                     DR B R AMBEDKAR VEEDI
                     BENGALURU-560001

              2.    THE ASSISTANT COMMISSIONER
                    DODDABALLAPURA SUB DIVISION
                    DODDABALLAPUR-560203
                    BENGALURU RURAL DISTRICT
                                                         ...RESPONDENTS
              (BY SRI. VIJAY KUMAR A PATIL, AGA) (PH)


                     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
              AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
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                                        WP No. 16996 of 2022

FOR THE RECORDS AND TO QUASH THE IMPUGNED ORDER
DTD.7.3.2020 IN NO.LRF/SR(H) 180/2018 PASSED BY THE
ASSISTANT COMMISSIONER/R-2 AS FOUND ANNEXURE-A IN
RESPECT OF THE SCHEDULE PROPERTY AND TO RESTORE THE
REVENUE ENTRIES TO THE NAME OF THE PETITIONER IN
RESPECT OF THE SCHEDULE PROPERTY AS PER SALE DEED
DTD.3.3.2016 AS FOUND AT ANNEXURE-B AND ETC.


     THIS WRIT PETITION IS 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

07.03.2020 passed by the Assistant Commissioner,

Doddaballapur Sub-Division, Doddaballapur, 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

WP No. 16996 of 2022

been passed by the Assistant Commissioner without notice

to the petitioner. 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.

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

WP No. 16996 of 2022

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

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 07.03.2020 passed in case

No.L.R.F:SR(HO):180/2018 is hereby quashed and set

aside. The matter is remitted back to the respondent-

Assistant Commissioner to consider the case of the

petitioner including the consequences of the subsequent

amendment brought to the provisions of Sections 79-A

WP No. 16996 of 2022

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 20th September 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