Karnataka High Court
Siddeshwara Swamy B vs The State Of Karnataka on 20 February, 2024
Author: R. Devdas
Bench: R. Devdas
-1-
NC: 2024:KHC:7073
WP NO.3522 OF 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE R. DEVDAS
WRIT PETITION NO.3522 OF 2024 (LR)
BETWEEN:
SIDDESHWARA SWAMY B.
S/O BASAVALINGAMURTHY,
AGED ABOUT 50 YEARS,
RESIDING AT NO.2455/8,
12TH CROSS, MCC 'A' BLOCK,
DAVANAGERE SOUTHERN EXTENSION - DVG,
DAVANAGERE - 577 004.
...PETITIONER
(BY SRI. MADHU GOUD P.R., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
Digitally signed by VIDHANA SOUDHA,
DHARMALINGAM BENGALURU - 560 001.
Location: HIGH
COURT OF 2. THE ASSISTANT COMMISSIONER
KARNATAKA DAVANAGERE SUB-DIVISION,
DAVANAGERE - 577 002.
3. THE TAHSILDAR
DAVANAGERE TALUK,
DAVANAGERE - 577 004.
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA)
-2-
NC: 2024:KHC:7073
WP NO.3522 OF 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 31ST JANUARY, 2005 PASSED
BY THE RESPONDENT NO.2-ASSISTANT COMISSIONER,
DAVANAGERE SUB-DIVISION, DAVANAGERE IN
PROCEEDINGS NO.LRM(2)CR.7/04-05 VIDE ANNEXURE-A
AND CONSEQUENTLY DROP THE PROCEEDINGS AGAINST
THE PETITIONER; AND ETC
THIS 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 the respondents.
2. The petitioner is aggrieved by the order of
forfeiture dated 31st January, 2005 passed by the
respondent No.2-Assistant Commissioner, Davanagere
Sub-Division, Davanagere 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 appearing for the petitioner
submits that this is a case where the impugned order of
forfeiture has been passed by the Assistant Commissioner
NC: 2024:KHC:7073
WP NO.3522 OF 2024
without notice to the petitioner. It is also submitted by
the learned counsel appearing for the petitioner that the
petitioner has filed Appeal before the Karnataka Appellate
Tribunal challenging the impugned order passed by the
respondent No.2-Assistant Commissioner, however the
Tribunal refused to entertain the appeal against the
impugned order. It is further submitted that under similar
circumstances, a co-ordinate Bench of this Court in Writ
Petition No.7821/2021 has passed an order dated 16th
August, 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
NC: 2024:KHC:7073
WP NO.3522 OF 2024
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
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 Writ Petition No.7821 of 2021, this Court finds
that facts and circumstances in both these matters are
NC: 2024:KHC:7073
WP NO.3522 OF 2024
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 31st January, 2005 passed by the
respondent No.2-Assitant Commissioner in case
No.LRM(2)CR.7/04-05 is hereby quashed and set aside.
The matter is remanded back to the respondent No.2-
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
No.2-Assistant Commissioner on 20th March, 2024
without waiting for further notice from the Assistant
Commissioner.
Ordered accordingly.
NC: 2024:KHC:7073
WP NO.3522 OF 2024
10. Learned Additional Government Advocate is
permitted to file Memo of Appearance within a period of
four weeks from today.
Sd/-
JUDGE
ARK
