Sri. B. T. Bhaskar vs The State Of Karnataka
2023 Latest Caselaw 477 Kant

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                                       WP No. 133 of 2023



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 6TH DAY OF JANUARY, 2023

                           BEFORE

            THE HON'BLE MR JUSTICE R DEVDAS

         WRIT PETITION NO. 133 OF 2023 (LR)

BETWEEN:
SRI. B. T. BHASKAR
S/O THIMMARAYAPPA B.G.
AGED ABOUT 51 YEARS
R/A NO.345/C, 17TH CROSS,
IDL HOME TOWNSHIP
RAJARAJESHWARI NAGAR
BENGALURU - 560 098.
                                           ...PETITIONER
(BY SRI. VIJAYA KUMAR K., ADVOCATE)

AND:

1.    THE STATE OF KARNATAKA
      REVENUE DEPARTMENT
      VIDHANA SOUDHA
      BENGALURU - 560 001.
      REP BY ITS PRINCIPAL SECRETARY

2.    THE ASSISTANT COMMISSIONER
      RAMANAGARA SUB-DIVISION
      RAMANAGARA - 562 159.

                                         ...RESPONDENTS
(BY SRI. SESHU V., HCGP)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 06.01.2017 PASSED BY THE R2 IN
CASE NO.L.R.F.79(A)(B)/RA/62/2015-16 (ANNEXURE A), IN
RESPECT OF THE LAND BEARING SY.NO.37, MEASURING 2
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                                        WP No. 133 of 2023



ACRES, SITUATED AT BALAKULI VILLAGE, KASABA HOBLI,
RAMANAGARA TALUK AND DISTRICT 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 06.01.2017 at Annexure-A 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 respondent-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

WP No. 133 of 2023

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

WP No. 133 of 2023

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 06.01.2017 at Annexure-A in case

No.L.R.F.79(A)(B)/RA/62/2015-16, 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.

WP No. 133 of 2023

9. The petitioner shall appear before the

respondent-Assistant Commissioner on 31st January 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