Sri K Annaiah vs The State Of Karnataka
2022 Latest Caselaw 2677 Kant

                           -1-


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 17TH DAY OF FEBRUARY, 2022

                         BEFORE

           THE HON' BLE MR.JUSTICE R DEVDAS

         WRIT PETITION NO.3271 of 2022 (LR)

BETWEEN

SRI K ANNAIAH
S/O KRISHNAPPA
AGED ABOUT 50 YEARS
R/AT VINAYAKANAGARA
(DANADA MANDI), HIMMADAHALLI POST
WHITEFIELD, BENGALURU-560066               ... PETITIONER

(BY SRI. VIJAY SHETTY. B, ADVOCATE)

AND

1.    THE STATE OF KARNATAKA
      REPRESENTED BY PRINCIPAL SECRETARY
      REVENUE DEPARTMENT
      M S BUILDING
      3RD FLOOR, 3RD GATE,
      BENGALURU-560001.

2.    THE ASSISTANT COMMISSIONER
      MANDYA SUB-DIVISION
      MANDYA DISTRICT PIN-571401.

3.    THE TAHSILDAR
      MANDYA TALUK AND
      MANDYA DISTRICT PIN-571401.      ...RESPONDENTS
(BY SRI. R. SRINIVAS GOWDA, AGA)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS AND SET-ASIDE/QUASH THE ORDER PASSED BY THE
R-2 DTD 24.08.2011 VIDE ANNX-ABY RESTORE THE REVENUE
ENTRIES PERTAINING TO THE LAND BEARING SY.NO.117
MEASURING TO AN EXTENT OF 0.30.00.00 SITUATED AT
GANTAGOWDANAHALLI, KEREGODU HOBLI, MANDYA TALUK,
MANDYA IN FAVOUR OF THE PETITIONER HEREIN 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

24.08.2011 passed by the Assistant Commissioner, Mandya

Sub-Division, Mandya, 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

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

(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 24.08.2011 passed in case

No.L.R.F.317/2010-11 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 and 78-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 07th March 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

DL