Karnataka High Court
Sri S Vijai vs Department Of Revenue on 21 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:7212
WP No. 5338 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 5338 OF 2024 (LR)
BETWEEN:
SRI. S. VIJAI,
SON OF SRI. V. SUBRAMANIAM,
AGED ABOUT 47 YEARS,
RESIDING AT NO. 200/P10,
MARENAHALLI VILLAGE,
JALA HOBLI, BENGALURU - 562 149.
...PETITIONER
(BY SRI. NITHYANANDA K.R, ADVOCATE)
AND:
1. DEPARTMENT OF REVENUE,
STATE OF KARNATAKA,
M.S. BUILDING, BENGALURU - 560 001,
REPRESENTED BY PRINCIPAL SECRETARY.
Digitally signed by
DHARMALINGAM
Location: HIGH 2. THE ASSISTANT COMMISSIONER,
COURT OF DODDABALLAPUR SUB DIVISION,
KARNATAKA
DODDABALLAPUR - 561 203,
BENGALURU RURAL.
3. THE THASILDAR,
DEVANAHALLI, DEVANAHALLI - 562 110,
BENGALURU RURAL.
...RESPONDENTS
(BY SRI. SESHU V, HCGP)
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NC: 2024:KHC:7212
WP No. 5338 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE
IMPUGNED ORDER DATED ORDER DATED 31/08/2018 PASSED
IN DISPUTE NO. LRF. SR (DHE) 219/2013-14 AT ANNEXURE-A
AND ORDER DATED 30/11/2018 PASSED IN DISPUTE NO. LRF
SR (DHE) 81/2014-15 AT ANNEXURE-B PASSED BY THE R2
AND ETC.
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 orders of
forfeiture dated 31.08.2018 and 30.11.2018 passed by the
Assistant Commissioner, Doddaballapur Sub-Division,
Doddaballapur, 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
NC: 2024:KHC:7212
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 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 orders dated 31.08.2018 in
L.R.F:SR(Dhe):219/2013-14 and order dated 30.11.2018
in L.R.F:SR(Dhe):81/2014-15 passed by the Assistant
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Commissioner 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 Land Reforms Act in Karnataka Amendment
No.56 of 2020.
The petitioner shall appear before the respondent-
Assistant Commissioner on 21.03.2024, 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.
Sd/-
JUDGE
rv
CT: BHK
