Karnataka High Court
Sri. S. Lokesh vs The State Of Karnataka on 5 April, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:14189
WP No. 17926 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 17926 OF 2023 (LR)
BETWEEN:
SRI. S. LOKESH
S/O SIDDARAJU,
AGED ABOUT 39 YEARS,
VAMANDAMPALYAM VILLAGE,
K.S.N. BADAVANE, 2ND WARD,
2ND DIVISION, GUNDLUPET,
CHMARAJANAGARA TALUK
AND DISTRICT - 571 313.
...PETITIONER
(BY SRI. R. C. NAGARAJ, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REVENUE DEPARTMENT,
Digitally signed
VIDHANA SOUDHA,
by JUANITA DR. B.R. AMBEDKAR VEEDHI,
THEJESWINI
Location: HIGH BENGALURU - 560 001.
COURT OF REPRESENTED BY ITS SECRETARY.
KARNATAKA
2. THE ASSISTANT COMMISSIONER
KOLLEGALA SUB-DIVISION,
CHAMARAJNAGAR DISTRICT - 571 313.
3. THE TAHSILDAR
GUNDLUPET TALUK,
GUNDLUPET - 571 111.
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA)
-2-
NC: 2024:KHC:14189
WP No. 17926 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER PASSED IN LRF (79A-B)
CR.101/2017-18, DATED:24/01/2020 BY THE R2 ASSISTANT
COMMISSIONER, KOLLEGALA SUB-DIVISION, CHAMARAJA
NAGAR, PRODUCED AT ANNEXURE-A AS ILLEGAL.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioner is aggrieved by the order of forfeiture
dated 24.01.2020 at Annexure-A passed by the 2nd
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.
2. 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
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for fresh consideration after affording an opportunity of
hearing to the aggrieved person.
3. Admittedly, as on the date of the Karnataka Land
Reforms (Amendment) Ordinance, 2020, no proceedings
were pending before any court/authority.
4. Learned Additional Government Advocate 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.
5. It is the contention of the learned Additional
Government Advocate that even as per the materials
available on record, after forfeiture, the excess lands may
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
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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.
6. 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.
7. Consequently, the writ petition is allowed. The
impugned order dated 24.01.2020 at Annexure-A, in
proceedings bearing No. LRF (79A-79B) CR:101/2017-18
passed by the 2nd respondent-Assistant Commissioner 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.
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8. The petitioner shall appear before the
respondent-Assistant Commissioner on 07th of May 2024,
without waiting for further notice from the Assistant
Commissioner.
Ordered accordingly.
9. Pending I.As., if any, stand disposed of.
Sd/-
JUDGE
DL
CT:PH
