Karnataka High Court
Smt. Pavithra P vs The State Of Karnataka on 15 April, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:14829
WP No. 10792 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO.10792 OF 2024 (LR)
BETWEEN:
SMT. PAVITHRA P.,
W/O SRI. BORALINGA GOWDA,
AGED ABOUT 35 YEARS,
R/AT BHARAMANIPURA VILLAGE,
KASABA HOBLI,
CHANNAPATNA TALUK,
RAMANAGARA DISTRICT-562 160.
...PETITIONER
(BY SRI. MUNIRAJA M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REVENUE DEPARTMENT,
M.S.BUILDING,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560001
Digitally signed REPRESENTED BY ITS SECRETARY.
by JUANITA
THEJESWINI 2. THE ASSISTANT COMMISSIONER
Location: HIGH RAMANAGARA SUB-DIVISION,
COURT OF RAMANAGARA,
KARNATAKA
RAMANAGARA DISTRICT-562159.
3. THE TAHASILDAR
CHANNAPATNA TALUK,
CHANNAPATNA -562 160.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 30.01.2020 BEARING
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WP No. 10792 of 2024
NO. LRF 79(A) AND (B) (CHA) 160/2015-16 PASSED BY THE
RESPONDENT NO.2 ASSISTANT COMMISSIONER BY
FORFEITING THE LAND MEASURING 02 GUNTAS IN SY. NO.
114/7 NEW SY. NO.114/9 IN FAVOUR OF STATE GOVERNMENT
SITUATED AT THAGACHAGERE VILLAGE, KASABA HOBLI,
CHANNAPATNA TALUK, RAMANAGARA DISTRICT AS PER
ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned Additional Government Advocate takes
notice for the respondents.
2. The petitioner is aggrieved by the order dated
30.01.2020 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 hearing the
petitioner. It is further submitted that under similar
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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 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.
6. It is the contention of the learned Additional
Government Advocate that even as per the materials
available on record, after forfeiture, the excess lands
might have been granted by the State Government to
third parties. The Assistant Commissioner is therefore
required to ascertain as to whether the forfeited land still
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remains with the State Government or has been granted
to third party. If the land has been granted to third party,
then sub-section(1) of Clause 12 Savings of the Karnataka
Land Reforms (Second Amendment) Act, 2020 (Karnataka
Act No.56 of 2020) will apply to say that the proceedings
have reached finality, or otherwise, sub-section (2) of
Clause 12 Savings will apply and all further proceedings
shall be declared as abated by the Assistant
Commissioner.
7. Having considered the submissions made by 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 enure to the petitioner herein also.
8. Consequently, the Writ Petition is allowed in part.
The impugned order dated 30.01.2020 passed in case No.
LRF79(A)&(B)(Cha)160/2015-16, by the Assistant
Commissioner, Ramanagara sub-Division, Ramanagara, is
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hereby quashed and set aside. The matter is remanded
back to the respondent - Assistant Commissioner to
reconsider the case of the petitioner afresh 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 Act No.56 of
2020.
9. The petitioner shall appear before the respondent-
Assistant Commissioner on 20.05.2024, without waiting
for further notice from the Assistant Commissioner. All
contentions of the parties are kept open.
10. Ordered accordingly.
Learned Additional Government Advocate is
permitted to file Memo of Appearance within a period of
four weeks from today.
Sd/-
JUDGE
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