Karnataka High Court
Smt. Lakshmidevamma vs State Of Karnataka on 18 April, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:15256
WP No. 11049 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 11049 OF 2024 (LR)
BETWEEN:
SMT. LAKSHMIDEVAMMA
W/O LATE Y KRISHNAMURTHY,
AGED ABOUT 63 YEARS,
R/AT ASHWARIYA VILLA,
2ND CROSS, BHCS LAYOUT,
3RD STAGE, BTM LAYOUT,
BENGALURU-560076
AND ALSO NO. 45, 6TH CROSS,
25TH MAIN ROAD, 1ST SECTOR,
HSR LAYOUT, BENGALURU-34.
...PETITIONER
(BY SRI. NARAYANA S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed REP BY ITS SECRETARY
by JUANITA REVENUE DEPARTMENT,
THEJESWINI
M.S BUILDING, DR B R AMBEKDAR BEEDHI,
Location: HIGH
COURT OF BENGALURU-560001.
KARNATAKA
2. THE ASSISTANT COMMISSIONER
BENGALURU SOUTH SUB DIVISION,
KHANDAYA BHAVAN,
K.G ROAD, BENGALURU-560009.
3. THE TAHSILDAR
ANEKAL TALUK,
BENGALURU URBAN DISTRICT-560106.
...RESPONDENTS
(BY SRI.MOHAMMED JAFFAR SHAH., AGA)
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NC: 2024:KHC:15256
WP No. 11049 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 10/12/2008 IN CASE NUMBER LRF
(83)(K) 24/2005-06 VIDE ANNEXURE-A PASSED BY THE R2
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 all the respondents.
2. The petitioner is aggrieved by the order of
forfeiture dated 10.12.2008 passed by the respondent-
Assistant Commissioner, Bengaluru South Sub-Division,
Bengaluru, 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
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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 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-
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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 10.12.2008 in proceedings bearing
No.L.R.F.(83)KA/24/2005-06, passed by the 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
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Karnataka Land Reforms Act in Karnataka Amendment
No.56 of 2020.
9. If revenue entries have been altered pursuant to
the impugned order dated 10.12.2008 the same shall be
restored in favour of the petitioner.
10. The petitioner shall appear before the
respondent-Assistant Commissioner on 27.05.2024,
without waiting for further notice from the Assistant
Commissioner.
Ordered accordingly.
11. Learned Additional Government Advocate is
permitted to file Memo of Appearance within a period of
four weeks from today.
Sd/-
JUDGE
DL
CT: JL
