Karnataka High Court
Sri.Jaffar Khan vs The State Of Karnataka on 15 February, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:6520
WP No. 25546 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 25546 OF 2022 (LR)
BETWEEN:
SRI. JAFFAR KHAN,
S/O LATE ALI KHAN @ PACHO SAB,
AGED ABOUT 51 YEARS,
R/O BHOOGOLA VADAYANAPURA VILLAGE,
NANJANAGUD TALUK, MYSORE DISTRICT,
MYSORE - 571 301,
ALSO R/A NO.8/1, NO. 601,
NEAR H.M. WORLD CITY ALAHALLI,
BENGALURU - 560 108.
...PETITIONER
(BY SRI. BHASKAR BABU H.J, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT,
Digitally signed by
DHARMALINGAM GOVERNMENT OF KARNATAKA,
Location: HIGH VIKASA SOUDHA,
COURT OF DR. AMBEDKAR VEEDHI,
KARNATAKA
BENGALURU - 560 001.
2. THE ASSISTANT COMMISSIONER,
KOLLEGAL SUB DIVISION,
KOLLEGAL TALUK,
CHAMARAJANAGARA DISTRICT,
KOLLEGAL - 571 440.
3. THE TAHASILDAR,
KOLLEGAL SUB DIVISION,
KOLLEGAL TALUK,
-2-
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WP No. 25546 of 2022
CHAMARAJANAGAR DISTRICT,
KOLLEGALA - 571 440.
...RESPONDENTS
(BY SRI. SESHU V, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS FROM R2 PERTAINING TO ANNEXURE A
ORDER DATED 07.06.2011, BEARING NO.L.R.F. NO. 142/2008-
09 AND ETC.
THIS 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.
2. The petitioner is aggrieved by the order of
forfeiture dated 07.06.2011 passed by the Assistant
Commissioner, Kollegal Sub-Division, Kollegal 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.
3. Learned Counsel for the petitioner submits that
this is a case where the impugned order of forfeiture has
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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. 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.
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.
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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.
8. Consequently, the writ petition is allowed. The
impugned order dated 07.06.2011 passed by the Assistant
Commissioner in L.R.F.No.142/2008-09 is hereby quashed
and set aside. The matter is remanded back to the
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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.
9. The petitioner shall appear before the
respondent-Assistant Commissioner on 15.03.2024,
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
PK
CT: BHK
