Karnataka High Court
Smt Shantha Gowda @ Shanthamma vs State Of Karnataka on 4 April, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:13830
WP No. 10254 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 10254 OF 2024 (LR)
BETWEEN:
SMT. SHANTHA GOWDA @ SHANTHAMMA,
C/O LAKSHMANA B.,
AGED ABOUT 56 YEARS,
R/AT NO. 13/1, NAGAPPA STREET,
SESHADRIPURAM,
BANGALORE - 560 020.
...PETITIONER
(BY SRI. ANIL KUMAR R., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
Digitally signed M.S. BUILDING,
by V KRISHNA
DR. B.R. AMBEDKAR VEEDHI,
Location: HIGH
COURT OF BENGALURU - 560 001.
KARNATAKA
2. THE ASSISTANT COMMISSIONER,
DODDABALLAPUR SUB DIVISION,
BENGALURU RURAL DISTRICT - 561 203.
3. THE TAHSILDAR,
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT - 561 203.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
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NC: 2024:KHC:13830
WP No. 10254 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND
GRANT THEM THE FOLLOWING RELIEFS AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, 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 31.08.2018 passed by the Assistant
Commissioner, Doddaballapura Sub-Division, Bengaluru
Rural District, 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 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
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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 31.08.2018 passed by the Assistant
Commissioner in L.R.F:SR(Ne):140/2012-13 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
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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.
The petitioner shall appear before the respondent-
Assistant Commissioner on 06.05.2024, without waiting
for further notice from the Assistant Commissioner.
Ordered accordingly.
Learned Additional Government Advocate is
permitted to file Memo of Appearance within a period of
four weeks from today.
Sd/-
JUDGE
SNC
