Karnataka High Court
Sri. Latheesh Kumar T vs The Assistant Commissioner on 2 February, 2023
Bench: R Devdas
-1-
WP No. 2423 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 2423 OF 2023 (LR)
BETWEEN:
SRI. LATHEESH KUMAR T
S/O LAKSHMANAN T.,
AGED ABOUT 50 YEARS,
AGRICULTURIST,
R/AT BINDU BHAVAN,
KAKKARETHOTTADA,
KANNUR - 670 007. KERALA STATE,
REPRESENTED BY HIS GPA HOLDER,
MR. ANEESH KUMAR T.,
S/O LAKSHMANAN T.,
AGED ABOUT 52 YEARS,
R/AT THAYYIL HOUSE,
KAKKARETHOTTADA,
KANNUR - 670 007, KERALA STATE.
Digitally ...PETITIONER
signed by
JUANITA (BY SRI. RAM. M.K. ADVOCATE FOR
THEJESWINI
SRI.DESHRAJ, ADVOCATE)
Location:
HIGH COURT AND:
OF
KARNATAKA
1. THE ASSISTANT COMMISSIONER
MANDYA SUB-DIVISION,
MANDYA - 571 401.
2. TAHSILDAR,
MALAVALLI TALUK, MALAVALLI,
MANDYA DISTRICT - 571 430.
...RESPONDENTS
(BY SRI.SESHU V. HCGP)
-2-
WP No. 2423 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 08/11/2016 PASSED BY R-1 IN
L.R.F.NO.247/2013-14 WITH RESPECT OF THE LANDS BEARING
SY NOS. 139/4 MEASURING 26 GUNTAS SY.NO.140
MEASURING 03 GUNTAS AND SY.NO.141 MEASURING 1.12
GUNTAS, ALL ARE SITUATED AT LINGANNAPURA VILLAGE,
KASABAHOBLI, MALAVALLI TALUK, MANDYA DISTRICT (VIDE
ANNEXURES-F AND G) AND ETC.,
THIS PETITION COMING ON FOR PRILIMINARY 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 08.11.2016 at Annexures-F and G passed
by the Assistant Commissioner, Mandya Sub-Division,
Mandya, 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
WP No. 2423 of 2023
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
WP No. 2423 of 2023
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 08.11.2016 passed in case
No.L.R.F.:247/2013-14 is hereby quashed and set aside.
The matter is remanded back to the respondent-Assistant
Commissioner to consider the case of the petitioner
WP No. 2423 of 2023
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 24th February 2023, 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
