Karnataka High Court
Asya vs The Assistant Commissioner on 14 February, 2024
Author: R. Devdas
Bench: R. Devdas
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NC: 2024:KHC:6261
WP No. 4444 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. 4444 OF 2024 (LR)
BETWEEN:
1. ASYA
W/O LATE MAMMOOTTY S,
AGED ABOUT 60 YEARS
2. ABDUL NAZAR
S/O LATE MAMMOOTTY S,
AGED ABOUT 40 YEARS
3. ABDUL MUNEER
S/O LATE MAMMOOTTY S,
AGED ABOUT 36 YEARS
4. ABDULLA SAIDH
F/O LATE MAMMOOTTY S,
Digitally
signed by AGED ABOUT 81 YEARS
VINUTHA B
S OCCUPATION: AGRICULTURIST,
Location: NOW RESIDING AT CHENNAMALIPURA VILLAGE,
High Court HANGAL HOBLI, GUNDLUPET TALUK,
of Karnataka CHAMARAJANAGAR DISTRICT 571111.
...PETITIONERS
(BY SRI K.R. LINGARAJU, ADVOCATE A/W
SRI BORE GOWDA H. K., ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER,
KOLLEGAL SUB DIVISION KOLLEGAL,
CHAMARAJANAGARA DISTRICT,
PIN CODE 571440.
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NC: 2024:KHC:6261
WP No. 4444 of 2024
2. THAHASILDAR
GUNDLUPETE TALUK
KOLLEGALA SUB DIVISION,
CHAMARAJANAGARA DISTRICT 571111.
3. SRI K. DEVAPRASAD
S/O SRI K. KUTTUN,
AGED ABOUT 68 YEARS,
R/AT MADDAYYANA HUNDI,
GUNDLUPET TALUK,
CHAMARAJANAGAR DISTRICT 571411
...RESPONDENTS
(BY SRI SESHU V., HCGP FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 18/02/2002 PASSED BY
R1 IN LRF NO.12.92-93 WITH RESPECT OF LAND BEARING
SURVEY NOS. 87/11, 87/22, 87/41, 87/44 AND 134 EACH
SURVEY NUMBERS MEASURING 4 ACRES, TOTALLY
MEASURING 20 ACRES, ALL LANDS ARE SITUATED AT
CHANNAMALLIPURA VILLAGE, HANGALA HOBLI, GUNDLUPET
TALUK, CHAMARAJANAGARA DISTRICT VIDE ANNEXURE-F.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned High Court Government Pleader takes notice
for all the respondents.
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2. The petitioners is aggrieved by the order dated
18.02.2002 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 petitioners submits that
this is a case where the impugned order of forfeiture has
been passed by the Assistant Commissioner without notice
to the petitioners. 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 High Court Government Pleader points
out from the impugned order that notice was indeed
issued to the petitioners and in spite of notice having been
issued, the petitioners did not appear before the Assistant
Commissioner.
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5. 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.
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
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the co-ordinate Bench should also enure to the petitioners
herein.
7. Consequently, the writ petition is allowed. The
impugned order dated 18.02.2002 passed in case No. LRF
12:92-93 is hereby quashed and set aside. The matter is
remitted back to the respondent-Assistant Commissioner
to consider the case of the petitioners including the
consequences of the subsequent amendment brought to
the provisions of Sections 79-A and 78-B of the Karnataka
Land Reforms Act in Karnataka Amendment No.56 of
2020.
8. The petitioners shall appear before the
respondent-Assistant Commissioner on 14th March 2024,
without waiting for further notice from the Assistant
Commissioner.
Ordered accordingly.
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Learned High Court Government Pleader is permitted
to file Memo of Appearance within a period of four weeks
from today.
Sd/-
JUDGE
VBS
