Smt. Shivamma vs Assistant Commissioner
2022 Latest Caselaw 12065 Kant

                         -1-


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 22ND DAY OF SEPTEMBER, 2022

                       BEFORE

           THE HON'BLE MR.JUSTICE R DEVDAS

        WRIT PETITION NO.18724 OF 2022 (LR)

BETWEEN

SMT. SHIVAMMA,
W/O MAHADEVAIAH,
AGED 65 YEARS,
R/AT MUKKADAHALLI VILLAGE,
HARVE HOBLI,
CHAMARAJANAGARA TALUK,
CHAMARAJANAGAR DISTRICT.
                                        ...PETITIONER
(BY SRI.RAM M.K., ADVOCATE FOR
    SRI.DESHRAJ, ADVOCATE)

AND

1.     ASSISTANT COMMISSIONER,
       KOLLEGAL SUB DIVISION,
       KOLLEGAL TALUK,
       CHAMARAJANAGARA DISTRICT - 571 444.

2.   THE TAHSILDAR,
     CHAMARAJANAGAR,
     CHAMARAJANAGAR DISTRICT - 571 444.
                                   ...RESPONDENTS
(BY SRI.SESHU V., HCGP)
                              -2-


      THIS PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE   ORDER     DATED    09.12.2015   PASSED   BY   R1   IN
LRF.112/2015-16 WITH RESPECT OF THE LAND BEARING
SY.NO.279/1 MEASURING 2.37 GUNTAS SITUATED AT
MUKKADAHALLI            VILLAGE,      HARAVE        HOBLI,
CHAMARAJANAGAR TALUK AND DISTRICT VIDE ANNEXURE
- A 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 both the respondents.

2. The petitioner is aggrieved by the order of

forfeiture dated 09.12.2015 passed by the Assistant

Commissioner, Kollegal Sub-Division, Kollegal 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 person.

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 09.12.2015 passed in case

No.L.R.F.112/2015-16 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 20th 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 rv