Mrs. Nagalakshmi vs State Of Karnataka
2023 Latest Caselaw 891 Kant

                            -1-
                                        WP No. 20987 of 2021



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. 20987 OF 2021 (LR)
BETWEEN:

MRS. NAGALAKSHMI
W/O MR P T S PRASAD
AGED ABOUT 66 YEARS
NO.363, 19TH F MAIN ROAD
1ST N BLOCK, RAJAJI NAGAR
BANGALORE-560010.
                                            ...PETITIONER
       (BY SRI. MALLESH L., ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     DEPARTMENT OF REVENUE
     VIDHANA SOUDHA, BANGALORE-560001.
     REPRESENTED BY ITS SECRETARY

2.   THE ASSISTANT COMMISSIONER
     DODDABALLAPUR SUB-DIVISION
     DODDABALLAPUR, BANGALORE
     RURAL DISTRICT
     PIN-561203.

3.   THE TAHSILDAR
     DODDABALLAPUR TALUK
     DODDABALLAPUR
     BANGALORE DISTRICT
     PIN-561203.

                                             ...RESPONDENTS
(BY SRI SESHU.V, ADVOCATE)
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                                       WP No. 20987 of 2021



     THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
PASSED BY THE R-2 ON 31.08.2018 VIDE ANNX-D. AND GRANT
AN INTERIM ORDER TO STAY THE OPERATION AND EXECUTION
OF THE ORDERS PASSED BY THE R-2 ON 31.08.2018 VIDE
ANNNX-D.

     THIS 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 31.08.2018 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 Assistant Commissioner without notice

to the petitioner. It is further submitted that under similar

WP No. 20987 of 2021

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

WP No. 20987 of 2021

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 31.08.2018 passed in case

No.LRF:SR:(Do) 11/2010-2011 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

WP No. 20987 of 2021

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 01st 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

KLY