Karnataka High Court
Shri. B. Ramakrishnam Raju vs State Of Karnataka on 6 February, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:4898
WP No. 20495 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 20495 OF 2023 (LR)
BETWEEN:
SHRI. B. RAMAKRISHNAM RAJU,
S/O SRI B S RAJU,
AGED ABOUT 67 YEARS,
RESIDING AT 7-7-41, B S RAJU
NAGAR, BHIMAVARAM MANDALAM,
KUMADAVALLI ROAD, BHIMAVARAM WEST
GODAVARI, ANDRA PRADESH 534201
NOW COME DOWN TO BANGALORE
...PETITIONER
(BY SRI. K S CHANDRAHASA.,ADVOCATE)
AND:
Digitally signed by
KRISHNAPPA LAXMI 1. STATE OF KARNATAKA
YASHODA
Location: HIGH COURT REPRESENTED BY ITS CHIEF SECRETARY
OF KARNATAKA
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BANGALORE 560001
2. THE ASSISTANT COMMISSIONER
BENGALURU NORTH SUB DIVISION,
KANDAYA BHAVAN, K G ROAD,
BENGALURU NORTH TALUK,
BENGALURU
-2-
NC: 2024:KHC:4898
WP No. 20495 of 2023
3. THE TASILDHAR
BANGALORE NORTH TALUK
BANGALORE-560064.
...RESPONDENTS
(BY SRI. SESHU.V, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER
PASSED BY THE R-2 IN LRF(83) BNA 88/2007-08 DTD
07/04/2010 AT 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 07.04.2010 passed by the Assistant
Commissioner, Bengaluru North 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.
NC: 2024:KHC:4898
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
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
NC: 2024:KHC:4898
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-
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 07.04.2010 passed by the Assistant
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Commissioner in L.R.F (83) (BNA) 88/07-08 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 Karnataka Land Reforms
Act in Karnataka Amendment No.56 of 2020.
9. The petitioner shall appear before the
respondent-Assistant Commissioner on 11.03.2024,
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
