Karnataka High Court
Sri D. Devaraj vs The State Of Karnataka on 13 January, 2023
Bench: R Devdas
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WP No. 717 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 717 OF 2023 (LR)
BETWEEN:
SRI D. DEVARAJ
S/O LATE DODDAIAH
AGED ABOUT 51 YEARS,
R/AT MOLEKOPPALU VILLAGE,
KERAGODU HOBLI,
MANDYA TALUK,
MANDYA DISTRICT-571446.
...PETITIONER
(BY SRI. R. MANJUNATHA, ADVOCATE FOR
SRI. GADILINGAPPA G M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPT OF REVENUE,
M.S. BUILDING,
VIDHANA SOUDHA,
BANGALORE-560 001.
2. THE ASSISTANT COMMISSIONER
MANDYA SUB DIVISION,
MANDYA DISTRICT-571401
3. THE TAHASILDAR
MANDYA TALUK
MANDYA DISTRICT-571 401.
...RESPONDENTS
(BY SRI. SESHU.V, HCGP)
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WP No. 717 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE ORDER DATED 08.11.2016 PASSED BY THE R2/ASSISTANT
COMMISSIONER, MANDYA SUB-DIVISION AT MANDYA
DISTRICT, IN CASE NO.L.R.F. 103/2015-16 VIDE ANNEXURE-A
AND CALL FOR THE RECORDS IN CASE NO.L.R.F. 103/2015-16
PASED BY THE R2/ASSISTANT COMMISSIONER , MANDYA SUB-
DIVISION AT MANDYA 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 08.11.2016 passed by the second
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. 717 of 2023
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
WP No. 717 of 2023
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 08.11.2016 passed by the second
respondent-Assistant Commissioner, in case No.L.R.F.103/
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
WP No. 717 of 2023
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 second
respondent-Assistant Commissioner on 2nd 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
