Karnataka High Court
Sri B K Ravi Kumar vs Principal Secretary on 7 February, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:5175
WP No. 23852 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 23852 OF 2023 (LR)
BETWEEN:
1. SRI B K RAVI KUMAR
S/O LATE B V KRISHNAMURTHY
AGED 56 YEARS
R/AT NO 4-21
BAJAR ROAD, V KOTE
PALAMNER TALUK
CHITTUR DISTRICT
ANDRA PRADESH 560103
PRESENT ADDRESS
R/AT NO 278
MADDURAMAM COLONY
BTM LAYUOUT
BENGALURU 560029
...PETITIONER
(BY SRI. HARSHA D JOSHI., ADVOCATE)
Digitally signed by
JUANITA
THEJESWINI AND:
Location: HIGH
COURT OF
KARNATAKA 1. PRINCIPAL SECRETARY
GOVERNMENT OF KARNATAKA
DEPARTMENT OF REVENUE
5TH FLOOR, M. S. BUILDING
DR AMBEDKAR VEEDHI
BENGALURU 560001
2. THE ASSISTANT COMMISISONER
KOLARA SUB-DIVISION
KOLARA 563101
-2-
NC: 2024:KHC:5175
WP No. 23852 of 2023
3. THE TAHSILDAR
BANAGARPET TALUK
KOLARA DISTRICT 563114
...RESPONDENTS
(BY SRI.C.N.MAHADESHWARAN., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INIDA PRAYING TO QUASH THE
IMPUGNED ORDERS PASSED BY THE ASSISTANT
COMMISSIONER, KOLARA, SUB-DIVISION, KOLARA IN CASE
NO.LRF(CR) 161/2013-14 DTD 22.09.2015 AS IN ANNEXURE-D
AND DIRECT THE R2 AND 3 TO RESTORE THE REVENUE
ENTRIES IN THE NAME OF THE PETITIONER IS SO FAR AS IT
RELATES TO 2 ACRES 8 GUNTAS OF LAND IN SY.NO.22/1,
SITUATE AT TATEPALLI VILLAGE, KYASAMBALLI HOBLI,
BANGARPETE TALUK, KOLAR DISTRICT AND ETC.
THIS WRIT 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 02.09.2015 at Annexure-D passed by the
respondent-Assistant Commissioner, Kolar Sub-Division
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:5175
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. 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.
5. 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
NC: 2024:KHC:5175
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.
6. 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.
7. Consequently, the writ petition is allowed. The
impugned order dated 02.09.2015 at Annexure-D passed
by respondent-Assistant Commissioner in proceedings
bearing No.L.R.F.C.R.161/2013-15 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.
8. The petitioner shall appear before the
respondent-Assistant Commissioner on 11th March 2024,
without waiting for further notice from the respondent-
Assistant Commissioner.
Ordered accordingly.
9. Learned Additional Government Advocate is
permitted to file Memo of Appearance within a period of
four weeks from today.
Sd/-
JUDGE
DL
CT: JL
