Karnataka High Court
Sri H R Ravichandra vs State Of Karnataka on 1 February, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:4362
WP No. 2948 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 2948 OF 2024 (LR)
BETWEEN:
SRI. H.R. RAVICHANDRA,
SON OF LATE SRI. R. RAJASHEKAR REDDY,
AGED ABOUT 53 YEARS,
RESIDING AT NO. 748,
18TH MAIN, 6TH BLOCK,
KORAMANGALA, BANGALORE - 560 095.
...PETITIONER
(BY SRI. ALLAH BAKASH, ADVOCATE AND
SRI. YASEEN BABU, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY CHIEF SECRETARY,
Digitally signed by AMBEDKAR VEEDI,
DHARMALINGAM
BANGALORE - 560 001.
Location: HIGH
COURT OF
KARNATAKA
2. THE ASSISTANT COMMISSIONER,
BANGALORE SOUTH SUB DIVISION,
KANDAYA BHAVANA,
BANGALORE - 560 009.
3. THE TAHSILDAR,
ANEKAL TALUK,
BANGALORE - 562 106.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
-2-
NC: 2024:KHC:4362
WP No. 2948 of 2024
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER PASSED BY THE 2ND RESPONDENT IN NO. LRF (83)
H/24/2008-09 DATED 09/07/2015, CONTRARY TO OMITTED
SEC. 79 A, 79B AND 79C AS ABATED VIDE ANNX-A AND
ENTIRE PROCEEDINGS IN ON. LRF(83) (AJ) 24/2008-09 VIDE
ANNX-A1.
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 09.07.2015 passed by the Assistant
Commissioner, Bangalore Sub-Division, Kandaya Bhavana
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
NC: 2024:KHC:4362
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
been granted by the State Government to third parties.
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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 15.09.2018 passed by the Assistant
Commissioner in L.R.F No.83(AJ)24/2008-09 is hereby
quashed and set aside. The matter is remanded back to
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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 01.03.2024,
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
rv
CT: BHK
