Karnataka High Court
Sri Mohammed Basheer vs The Assistant Commissioner on 14 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:6264
WP No. 4434 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION No. 4434 OF 2024 (LR)
BETWEEN:
1. SRI MOHAMMED BASHEER,
S/O BADERI BEEJI KOYA,
AGED ABOUT YEARS,
OCCUPATION. AGRICULTURE,
NOW RESIDING AT CHANNAMALLIPURA,
HANGLA HOBLI, GUNDLUPET TALUK,
CHAMARAJANAGAR DISTRICT - 571 111.
...PETITIONER
(BY SRI K.R. LINGARAJU, ADVOCATE A/W
SRI BORE GOWDA H. K., ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER,
Digitally
signed by KOLLEGAL SUB-DIVISION, KOLLEGAL,
VINUTHA B S CHAMARAJANAGAR DISTRICT,
Location: High PINCODE- 571 440.
Court of
Karnataka 2. THAHASILDAR,
GUNDLUPETE TALUK
KOLLEGALA SUB-DIVISION,
CHAMARAJANAGAR DISTRICT - 571 111.
3. THE STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY
REVENUE DEPARTMENT O/ AT M.S BUILDING
3RD FLOOR, 3RD GATE, BENGALURU-560001.
...RESPONDENTS
(BY SRI MOHAMMED JAFFAR SHAH, AGA)
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NC: 2024:KHC:6264
WP No. 4434 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 19/01/2004 PASSED BY
R1 IN LRF NO. 01/2003-04 WITH RESPECT OF LAND BEARING
SURVEY NOS. 87/14, 87/30, 87/32, 87/33, 87/34 AND 87/35
EACH SURVEY NUMBERS MEASURING 4 ACRES, TOTALLY
MEASURING 24 ACRES, ALL LANDS ARE SITUATED AT
CHANNAMALLIPURA VILLAGE, HANGALA HOBLI, GUNDLUPET
TALUK, CHAMARAJANAGARA DISTRICT VIDE ANNEXURE-D.
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 dated
19.01.2004 passed by the Assistant Commissioner,
Kollegal Sub-division, Kollegal under the provisions of
Section 83 for violation of the provisions 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
been passed by the Assistant Commissioner without notice
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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
State Government or has been granted to third parties. If
the lands have been granted to third party, then sub-
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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 19.01.2004 passed in case LRF
No.01/2003-04 is hereby quashed and set aside. The
matter is remitted 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 78-B of the
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Karnataka Land Reforms Act in Karnataka Amendment
No.56 of 2020.
8. The petitioner shall appear before the
respondent-Assistant Commissioner on 14th March 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
VBS
