Ismail M A vs The State Of Karnataka
2022 Latest Caselaw 11941 Kant

                            -1-


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 19TH DAY OF SEPTEMBER, 2022

                          BEFORE

            THE HON'BLE MR.JUSTICE R DEVDAS

        WRIT PETITION NO. 18036 OF 2022(LR)

BETWEEN

ISMAIL M A
S/O LATE ABDUL KAREEM
AGED ABOUT 63 YEARS
GUMMANAKOLLI VILLAGE
KUSHALANAGARA HOBLI
SOMWARPET TALUK
DISTRICT KODAGU.

PRESENTLY RESIDENT OF SHAKTI BADAVANE
WATER TANK ROAD
MULUSOGE VILLAGE
KUSHALNAGAR TALUK
KODAGU DSITRICT 571234.
                                         ...PETITIONER

(BY SRI.BHASKAR K., ADV.)

AND

1.    THE STATE OF KARNATAKA
      REVENUE DEPARTMENT
      VIDHANA SOUDHA
      BENGALURU560001.
      REP. BY ITS PRINCIPAL SECRETARY.

2.    THE ASSISTANT COMMISSIONER
      HUNSUR SUB DIVISION
      HUNSUR
      MYSURU DISTRICT PIN-571105.
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3.   THE TAHASILDAR
     PIRIYAPATNA TALUK
     PIRIYAPATNA
     DISTRICT MYSURU-571107.
                                             ...RESPONDENTS

(BY SRI. SESHU V., HCGP.)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDERS DTD 02.03.2020 PASSED IN NO.LRF
271/2015-16 BY THE ASSISTANT COMMISSIONER, HUNSUR
SUB-DIVISION, HUNSUR, MYSURU DISRICT AND CALL FOR
ENTIRE RECORD FORM THE LOWER AUTHORITIES. AND ETC.

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

                            ORDER

R.DEVDAS J., (ORAL):

Learned High Court Government Pleader takes

notice for the respondents.

2. The petitioner is aggrieved by the order of

forfeiture dated 02.03.2020 passed by the Assistant

Commissioner, Hunsur Sub-Division, Hunsur, Mysuru

under the provisions of Section 83 for violation of the

provisions contained 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 persons.

4. Admittedly, as on the date of the Karnataka Land

Reforms (Amendment) Ordinance, 2020, no proceedings

were pending before any court/authority.

5. Learned High Court Government Pleader 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.

6. It is the contention of the learned High Court

Government Pleader 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.

7. 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.

8. Consequently, the writ petition is allowed. The

impugned order dated 02.03.2020 passed in case No.L.R.F

271/2015-16 is hereby quashed and set aside. The matter

is remanded 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 79-B of the

Karnataka Land Reforms Act in Karnataka Amendment

No.56 of 2020.

9. The petitioner shall appear before the respondent-

Assistant Commissioner on 17th October 2022, without

waiting for further notice from the Assistant Commissioner.

Ordered accordingly.

10. Learned High Court Government Pleader is

permitted to file memo of appearance within a period of

four weeks from today.

SD/-

JUDGE

BS