Karnataka High Court
Sri. Ramesh R M vs The Assistant Commissioner on 20 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:6996
WP No. 25305 of 2023
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. 25305 OF 2023 (KLR-RES)
BETWEEN:
SRI. RAMESH R.M,
AGED ABOUT 54 YEARS,
S/O SRI. MALLIKARJUNA SHETTY,
RESIDING AT NO.27/1,
2ND CROSS, OPP D MART, BCC LAYOUT,
JAYANAGAR 4TH T BLOCK,
BANGALORE - 560 041.
...PETITIONER
(BY SRI. CHETHAN B, ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER,
HASSAN SUB DIVISION,
Digitally signed by HASSAN - 573 201.
DHARMALINGAM
Location: HIGH 2. THE TAHASILDHAR,
COURT OF
KARNATAKA HASSAN TALUK,
HASSAN - 573 201.
...RESPONDENTS
(BY SRI. SESHU V, HCGP)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
BEARING NO.LRF.79(A) AND (B) 237/13-14 DATED 29.05.2017
PASSED BY THE R1 AS PER ANNEXURE-A AND ETC.
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WP No. 25305 of 2023
THIS 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 of
forfeiture dated 29.05.2017 passed by the Assistant
Commissioner, Hassan Sub-Division, Hassan 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
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
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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.
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.
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 29.05.2017 passed by the Assistant
Commissioner in L.R.F:No.79(A) and (B)237/13-14 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
consequences of the subsequent amendment brought to
the provisions of Sections 79-A and 79-B of the Karnataka
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Land Reforms Act in Karnataka Amendment No.56 of
2020.
The petitioner shall appear before the respondent-
Assistant Commissioner on 20.03.2024, 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
rv
CT: BHK
