Karnataka High Court
Krishna C.H vs The Assistant Commissioner on 27 January, 2023
Bench: R Devdas
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WP No. 8555 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 8555 OF 2022 (LR)
BETWEEN:
1. KRISHNA C.H,
S/O C.V. HIRANNAIAH,
AGED ABOUT 53 YEARS,
WORKING AS AGRICULTURE AND
POURAHITHYA,
R/A NO.862, TIPPAYYA ROAD,
SRIRANGAPATNA TOWN,
MANDYA DISTRICT - 571 438.
...PETITIONER
(BY SRI. MARUTHI S., ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER,
PANDAVAPURA SUB DIVISION,
PANDAVAPURA,
Digitally signed
MANDYA DISTRICT - 571438.
by JUANITA
THEJESWINI
2. THE TAHASILDAR,
Location: HIGH
COURT OF SRIRANGAPATNA TALUK,
KARNATAKA SRIRANGAPATNA,
MANDYA DISTRICT - 571 438.
...RESPONDENTS
(BY SRI. SESHU V., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
-2-
WP No. 8555 of 2022
CONCERNED RECORDS AND SET ASIDE THE IMPUGNED ORDER
DATED 30.07.2018 PASSED BY THE R-1 VIDE ANNEXURE-A
CASE NO.29/2017-18 PASSED BY THE R-1 BY ALLOWING THE
ABOVE W.P.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned High Court Government Pleader is directed
to take notice for both the respondents.
2. The petitioner is aggrieved by the order of
forfeiture dated 30.07.2018 at Annexure-A passed by the
Assistant Commissioner, Pandavapura Sub-Division,
Padavapura, 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. 8555 of 2022
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.
WP No. 8555 of 2022
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 30.07.2018 passed in case
No.L.R.F.:79(A-B) ¨sÀƸÀÄ.¥Àj.(²æÃ)29/2017-18 is hereby
WP No. 8555 of 2022
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 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
