Sri. G. Dasharath vs The Assistant Commissioner
2023 Latest Caselaw 1117 Kant

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                                                         WP No. 24250 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 25TH DAY OF JANUARY, 2023

                                             BEFORE

                              THE HON'BLE MR JUSTICE R DEVDAS

                           WRIT PETITION NO. 24250 OF 2022 (LR)

                   BETWEEN:

                   SRI. G. DASHARATH
                   S/O. G. MARKANDA NAIDU,
                   AGED ABOUT 58 YEARS,
                   NO. 138, BYRASHETTIHALLI VILLAGE,
                   KASABA HOBLI,
                   NELAMANGALA TALUK,
                   BANGALORE RURAL DISTRICT.
                                                               ...PETITIONER
                   (BY SRI. NANDEESHA G., ADVOCATE)

                   AND:

                   1.    THE ASSISTANT COMMISSIONER
                         DODDABALLAPURA SUB-DIVISION,
                         DODDABALLAPURA,
                         BANGALORE RURAL DISTRICT-561 203.

                   2.    THE TAHSILDAR
Digitally signed         NELAMANGALA TALUK,
by JUANITA               NELAMANGALA,
THEJESWINI               BANGALORE RURAL DISTRICT-562 123.
Location: HIGH
COURT OF                                                     ...RESPONDENTS
KARNATAKA
                   (BY SRI. SESHU V, HCGP)
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                                         WP No. 24250 of 2022




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE ORDER DTD 07.03.2008 IN CASE NO.L.R.F.S.R.(NE).
85/2006-07, PASSED BY R1 AGAINST THE PETITIONER IN
RESPECT OF LAND BEARING SY.NO.140/2, MEASURING 1 ACRE
AND 05 GUNTAS, SITUATED AT BYRASHETTIHALLI VILLAGE,
KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL
DISTRICT At ANNEXURE-A AND ETC.

     THIS WRIT PETITION COMING ON FOR ORDERS, 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 07.03.2008 passed by the respondent-

Assistant Commissioner, 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

WP No. 24250 of 2022

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. 24250 of 2022

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 07.03.2008 passed by the

respondent-Assistant Commissioner, in case No.L.R.F.S.R.

(NE)85/2006-07 is hereby quashed and set aside. The

WP No. 24250 of 2022

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 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

DL