Karnataka High Court
Sri.Srinivas vs The State Of Karnataka on 19 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:6871
WP No. 4828 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 4828 OF 2024 (LR)
BETWEEN:
SRI. SRINIVAS,
S/O CHINNASWAMY,
AGED ABOUT 55 YEARS,
RESIDING AT NO. 272,
GURUKAR STREET, MANDIPETE,
CHANNAPATNA TOWN - 562 159,
RAMANAGARA DISTRICT.
...PETITIONER
(BY SRI. M.S. NAGARAJA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY THE PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
Digitally signed by
M.S. BUILDING, BANGALORE - 560 001.
KRISHNAPPA LAXMI
YASHODA
Location: HIGH 2. THE ASSISTANT COMMISSIONER,
COURT OF
KARNATAKA RAMANAGARA SUB-DIVISION,
RAMANAGARA - 562 160.
3. THE TAHASILDAR,
CHANNAPATNA TALUK,
CHANNAPATNA - 562 159.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
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NC: 2024:KHC:6871
WP No. 4828 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER PASSED BY THE R2 IN CASE NO. LRF 79(A
AND B) (C) 52/2015-16 DATED 06/01/2018 VIDE ANNEXURE-E
AND ETC.
THIS PETITION, COMING ON FOR ORDERS, 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 of
forfeiture dated 06.01.2018 passed by the Assistant
Commissioner, Ramanagara Sub-Division, Ramanagara
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
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. Admittedly, as on the date of the Karnataka
Land Reforms (Amendment) Ordinance, 2020, no
proceedings were pending before any Court/authority.
5. 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.
6. 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
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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 ensure to the petitioner herein.
8. Consequently, the writ petition is allowed. The
impugned order dated 06.01.2018 passed by the Assistant
Commissioner in L.R.F.No.79(A and B)(C)52/2015-16 is
hereby quashed and set aside. The matter is remanded
back to the respondent-Assistant Commissioner to
consider the case of the petitioner including the
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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 19.03.2024,
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
PK
CT: BHK
