Karnataka High Court
N. Venkatesh vs The State Of Karnataka on 1 April, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:13098
WP No. 5399 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 5399 OF 2024 (LR)
BETWEEN:
N. VENKATESH,
AGED ABOUT 55 YEARS,
S/O V. NAGARAJU,
R/O BEHIND GANESHA TEMPLE,
HALUBHAVI ROAD, VARTHUR VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 560 087.
...PETITIONER
(BY SRI. CHIDAMBARA G.S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REVENUE DEPARTMENT,
M.S. BUILDING, DR. B.R.AMBEDKAR BEEDHI,
Digitally signed
by BENGALURU - 560 001,
DHARMALINGAM
Location: HIGH
REPRESENTED BY ITS SECRETARY.
COURT OF
KARNATAKA
2. THE ASSISTANT COMMISSIONER,
MANDYA SUB-DIVISION,
MANDYA - 571 401.
3. THE TAHSILDAR,
MALAVALLI TALUK, MALAVALLI,
MANDYA DISTRICT - 571 430.
...RESPONDENTS
(BY SRI. SESHU V, HCGP)
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NC: 2024:KHC:13098
WP No. 5399 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ORDER DATED 13.9.2010 PASSED BY R2 IN CASE NO. LRF
23/2009-10, VIDE, ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned High Court Government Pleader takes notice
for all the respondents.
2. The petitioner is aggrieved by the order of
forfeiture dated 13.09.2010 passed by the Assistant
Commissioner, Mandya Sub-Division, Mandya 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
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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 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
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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 13.09.2010 passed by the Assistant
Commissioner in L.R.F 23/2009-10 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
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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.
The petitioner shall appear before the respondent-
Assistant Commissioner on 02.05.2024, without waiting
for further notice from the Assistant Commissioner.
Ordered accordingly.
Learned High Court Government Pleader is
permitted to file Memo of Appearance within a period of
four weeks from today.
Sd/-
JUDGE
rv
CT: BHK
