Karnataka High Court
Sri. Chandan Lal @ Chandan Mal vs The Assistant Commissioner on 21 February, 2024
Author: R Devdas
Bench: R Devdas
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WP No. 4847 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. 4847 OF 2024 (LR)
BETWEEN:
SRI. CHANDAN LAL @ CHANDAN MAL,
S/O LATE MOHAN LAL,
AGED ABOUT 49 YEARS,
R/AT NO.96, CHIKKAPET,
12TH CROSS, R T NAGAR STREET,
BANGALORE - 560 053.
...PETITIONER
(BY SRI. RAM M.K, ADVOCATE FOR
SRI. BALACHANDRA Y.S, ADVOCATE)
AND:
THE ASSISTANT COMMISSIONER,
KOLAR SUB DIVISION,
Digitally signed
KOLAR - 563 102.
by ...RESPONDENT
DHARMALINGAM
Location: HIGH (BY SRI. C.N. MAHADESHWARAN, AGA)
COURT OF
KARNATAKA
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 22.11.2023 IN APPEAL NO.
667/2015 PASSED BY THE HONBLE KARNATAKA APPELLATE
TRIBUNAL (VIDE ANNEXURE-F) AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 4847 of 2024
ORDER
R.DEVDAS J., (ORAL):
Learned Additional Government Advocate takes
notice for the respondent.
2. This is a proceedings initiated under Section 83
for violation of the provisions contained in Sections 79-A
and 79-B of the Karnataka Land Reforms Act, 1961. The
petitioner herein purchased 2 acres and 5 guntas of land in
Sy.No.87/1 of Tottalli Village, Sugatur Hobli, Kolar Taluk
and District, under a registered sale deed dated
11.12.2009. Proceedings were initiated by the competent
authority/Assistant Commissioner, Kolar Sub-Division, in
proceedings bearing No.LRF:CR.No.93/2010-11 for
contravention of the provisions. An order was passed by
the Assistant Commissioner on 23.07.2014 holding that
the sale was in contravention of the provisions contained
in Sections 79A and 79B of the Act. The petitioner filed an
appeal before the Karnataka Appellate Tribunal in Appeal
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No.667/2015. However, the appeal was dismissed for non-
prosecution.
3. Learned counsel for the petitioner submits that
the petitioner was not aware of the fact that the appeal
was dismissed for non-prosecution. Nevertheless, the
petitioner filed a review petition in Rev.Misc.No.18/2021
before the Tribunal seeking recall of the dismissal order.
The Tribunal by order dated 13.04.2022 allowed the
Review Miscellaneous Petition and restored the appeal to
its original file. Thereafter, the Tribunal proceeded to pass
the impugned order dated 22.11.2023 rejecting the claim
of the petitioner. Being aggrieved by the said order, the
petitioner is before this Court.
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
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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
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
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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 22.11.2023 passed by the
Karnataka Appellate Tribunal in Appeal No.667/2015 and
the order dated 23.07.2014 passed in case
No.LRF:CR.No.93/2010-11 by the respondent-Assistant
Commissioner, Kolar Sub-Division, are hereby quashed
and set aside. The matter is remitted 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.
9. The petitioner shall appear before the
respondent-Assistant Commissioner on 28.03.2024
without waiting for further notice from the Assistant
Commissioner.
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Ordered accordingly.
Learned Additional Government Advocate is
permitted to file Memo of Appearance within a period of
four weeks from today.
Sd/-
JUDGE
rv
CT:BHK
