Sri. G Dasharath vs The Assistant Commissioner
2023 Latest Caselaw 348 Kant

                            -1-


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 5TH DAY OF JANUARY, 2023

                       BEFORE

        THE HON'BLE MR. JUSTICE R DEVDAS

       WRIT PETITION NO.24286 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-561203

2.   THE TAHSILDAR
     NELAMANGALA TALUK,
     NELAMANGALA,
     BANGALORE RURAL DISTRICT-562123

                                   ...RESPONDENTS
(BY SRI. SESHU. V., HCGP)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO SET ASIDE THE ORDER DATED 12.05.2008 IN CASE
NO.LRF.(NE).87/2006-07    WAS      PASSED   BY   THE   R1
AGAINST THE PETITIONER IN RESPECT OF LAND BEARING
SY.NO. 140/2, MEASURING 1 ACRE AND 35 GUNTAS,
SITUATED AT BYRASHETTIHALLI VILLAGE, KASABA HOBLI,
NELAMANGALA    TALUK,    BANGALORE     RURAL     DISTRICT
WHICH IS PRODUCED AS ANNEXURE-A.


     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 12.05.2008 at Annexure-A passed by

the Assistant Commissioner, Doddaballapura Sub-

Division, Doddaballapura, 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 12.05.2008 passed in case

No.L.R.F.:SR(Ne)87/2006-07 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 03rd 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