Karnataka High Court
Sri. Vasudevan M vs The State Of Karnataka on 5 April, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:14063
WP No. 6195 of 2021
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. 6195 OF 2021 (LR)
BETWEEN:
SRI. VASUDEVAN M,
S/O. RARU, AGED ABOUT 69 YEARS,
OCC: AGRICULTURIST,
RESIDING AT RARUSADHAN,
MANNARKKAL, MALAPARAMBA POST,
KOZHIKODE DISTRICT - 673 009,
KERALA STATE.
...PETITIONER
(BY SMT. ARCHANA NAIR, ADVOCATE FOR
SRI. AJITH ANAND SHETTY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed BY ITS SECRETARY,
by JUANITA REVENUE DEPARTMENT,
THEJESWINI
VIDHANA SOUDHA, BENGALURU - 560 001.
Location: HIGH
COURT OF
KARNATAKA 2. ASSISTANT COMMISSIONER,
KOLLEGAL SUB-DIVISION,
KOLLEGAL - 571 440.
3. THE THASILDAR,
KOLLEGALA TALUK,
KOLLEGALA - 571 440.
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA)
-2-
NC: 2024:KHC:14063
WP No. 6195 of 2021
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 13.03.2019 VIDE ANNX-A PASSED
BY THE R-1 IN APPEAL NO.244/2014 AND CONSEQUENTLY
SET-ASIDE THE ORDERS PASSED BY THE R-2 10.12.2013 IN
LRF NO.7/2013 VIDE ANNX-D 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 10.12.2013 passed by the Assistant
Commissioner, Kollegal Sub-Division, Kollegal 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 and the subsequent order dated
10.12.2013 passed by the Karnataka Appellate Tribunal, in
Appeal No. 244/2014.
3. Learned Counsel for the petitioner submits that
this is a case where the impugned order of forfeiture has
NC: 2024:KHC:14063
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
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
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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
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 13.03.2019 passed by the
Karnataka Appellate Tribunal in Appeal No. 244/2014 and
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the order dated 10.12.2013 passed in case
No.L.R.F.7/2012-13 are 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.
9. The petitioner shall appear before the
respondent-Assistant Commissioner on 07.05.2024,
without waiting for further notice from the Assistant
Commissioner.
Ordered accordingly.
10. Learned Additional Government Advocate is
permitted to file Memo of Appearance within a period of
four weeks from today.
Sd/-
JUDGE
rv
List No.: 1 Sl No.: 15, CT: BHK
