Karnataka High Court
Smt Nanjamma vs The Assistant Commissioner on 8 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:5353
WP No. 1032 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 1032 OF 2024 (LR)
BETWEEN:
SMT. NANJAMMA,
W/O LATE NAGARAJU,
AGED ABOUT 65 YEARS,
OCC: AGRICULTURIST,
R/O DASEGOWDANAKOPPALU VILLAGE,
BANNUR HOBLI, T. NARASIPURA TALUK,
MYSORE DISTRICT - 570 001.
...PETITIONER
(BY SRI. L. RAJA, ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER,
SUB DIVISION, PANDAVAPURA,
Digitally signed by
KRISHNAPPA LAXMI MANDYA DISTRICT - 571 401.
YASHODA
Location: HIGH
COURT OF 2. THE TAHASILDAR,
KARNATAKA
SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 401.
...RESPONDENTS
(BY SRI. SESHU V, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 13.11.2023 PASSED BY THE
KARNATAKA APPELLATE TRIBUNAL, AT BENGALURU, IN
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NC: 2024:KHC:5353
WP No. 1032 of 2024
REVENUE APPEAL NO.107/2022, VIDE ANNEXURE-K AND ALSO
PASSED THE ORDER DATED 05.01.2019 IN CASE
NO.LRF.16/2018-19 BY THE R1 AT ANNEXURE-H 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 the respondents.
2. The petitioner is aggrieved by the order of
forfeiture dated 05.01.2019 passed by the Assistant
Commissioner, Pandavapura Sub-Division, Mandya 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 and the subsequent
order dated 13.11.2023 passed by the Karnataka
Appellate Tribunal, in Revenue Appeal No.107/2022.
3. Earlier the petitioner was before this Court in
W.P. No.872/2021 and this Court by order dated
NC: 2024:KHC:5353
18.02.2022 disposed of the writ petition granting liberty to
the petitioner to approach the Karnataka Appellate
Tribunal by preferring an appeal. Accordingly the
petitioner approached the Tribunal in Revision Appeal
No.107/2022. The Tribunal dismissed the appeal by order
dated 13.11.2023. Learned counsel for the petitioner
submits that this Court has given benefit to many of such
petitioners including W.P. No.3271/2022. Learned counsel
prays for similar orders.
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.
NC: 2024:KHC:5353
6. It is the contention of the learned High Court
Government Pleader 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
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.
NC: 2024:KHC:5353
8. Consequently, the writ petition is allowed. The
impugned order dated 13.11.2023 passed by the
Karnataka Appellate Tribunal in Appeal No.107/2022 and
the order dated 05.01.2019 passed in case
No.L.R.F.16/2018-19 passed by the Asst. Commissioner,
Pandavapura sub-Division, Mandya District, 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.
10. The petitioner shall appear before the
respondent-Assistant Commissioner on 13th March, 2024
without waiting for further notice from the Assistant
Commissioner.
Ordered accordingly.
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11. Learned High Court Government Pleader is
permitted to file Memo of Appearance within a period of
four weeks from today.
Sd/-
JUDGE
ykl
CT: BHK
