Karnataka High Court
Sri. Basheer vs The State Of Karnataka on 14 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:6268
WP No. 3277 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. 3277 OF 2024 (LR)
BETWEEN:
1. SRI. BASHEER,
S/O SRI ALI,
AGED ABOUT 72 YEARS,
R/O KOLAKKADAN HOUSE,
THIRUTHI DESAM, KODINNI AMSOM,
NANNAMBRA VILLAGE,
THIROORANGADI TALUK,
MALAPPURAM-676505,
KERALA.
...PETITIONER
(BY SRI. BASAVANNA K .M., ADVOCATE)
AND:
Digitally 1. THE STATE OF KARNATAKA,
signed by
BY ITS SECRETARY,
VINUTHA B S
DEPARTMENT OF REVENUE
Location: High
Court of M S BUILDING,
Karnataka BENGALURU-560001.
2. THE ASSISTANT COMMISSIONER
KOLLEGALA SUB DIVISION,
KOLLEGALA-571440.
3. THE TAHASILDHAR
KOLLEGALA TALUK,
KOLLEGALA-571440.
...RESPONDENTS
(BY SRI SESHU V., HCGP)
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NC: 2024:KHC:6268
WP No. 3277 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE ORDER DATED 04/09/2012 PASSED BY THE R2 IN
NO.LRF 80/2010-11 AS PER ANNEXURE-C. TO DIRECT THE R2
AND 3 TO DELETE THE NAME OF THE GOVERNMENT IN
COLUMN NOS.9 AND 12 INSERT THE NAME OF PETITIONER IN
THE SAME.
THIS WRIT 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 dated
04.09.2012 passed by the Assistant Commissioner,
Kollegala Sub Division, Kollegala 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
to the petitioner. It is further submitted that under similar
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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 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 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
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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 04.09.2012 passed in case
No.LRF:80/2010-11 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
NC: 2024:KHC:6268
Karnataka Land Reforms Act in Karnataka Amendment
No.56 of 2020.
8. The petitioner shall appear before the
respondent-Assistant Commissioner on 14 th March 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
VBS
