Smt.Shanthi. B vs The Assistant Commissioner
2023 Latest Caselaw 664 Kant

                           -1-


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 10TH DAY OF JANUARY, 2023

                      BEFORE

        THE HON'BLE MR. JUSTICE R DEVDAS

       WRIT PETITION NO.10050 OF 2022 (LR)

BETWEEN:
  SMT.SHANTHI.B
  W/O NATARAJ,
  AGED ABOUT 43 YEARS
  R/AT JOGAMANAHOSAHALLI,
  T BEEKUPPE HAMLET,
  KASABA HOBLI,
  KANAKAPURA TALUK,
  RAMANAGARA DISTRICT
  RAMANAGARA-562 157.
                                       ...PETITIONER
(BY SRI.N KRISHNA MURTHY &
    SRI.SHASHIKUMAR R. ADVOCATES)
AND:

1. THE ASSISTANT COMMISSIONER,
   RAMANAGARA SUB-DIVISION,
   MINI VIDHANA SOUDHA,
   RAMANAGARA, D.C.OFFICE, B.M.ROAD, RAMANAGARA-
    562 119.

2. THE TAHASILDHAR
   B.M.ROAD, OPPOSITE TO
   RURAL COLLEGE,
   KANAKAPURA TALUK,
   RAMANAGARA DISTRICT-562 119
                                    ...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 QUASHING OR SETTING ASIDE THE ORDER DATED
31.10.2013 IN CASE PASSED UNDER THE PROVISION OF
KARNATAKA LAND REFORMS ACT, IN RESPECT OF LAND
BEARING     SY.   NO.    13/1,    MEASURING       OA/O.71/2GS,
SITUATED    AT    NIDAGALLU       VILLAGE,      KASABA   HOBLI,
KANAKAPURA        TALUK    AS      PER    ANNEXURE-D      ETC.,


      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 is

directed to take notice for both the respondents.

2. The petitioner is aggrieved by the order of

forfeiture dated 31.10.2013 at Annexure-D passed by

the Assistant Commissioner, Ramanagara Sub-

Division, Ramanagara, 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 31.10.2013 passed in case

No.L.R.F.:79(A&B)C.R/104/2009-10 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 15th 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