Karnataka High Court
Smt Vasanthakumari vs The State Of Karnataka on 21 February, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:7213
WP No. 5371 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. 5371 OF 2024 (LR)
BETWEEN:
1. SMT. VASANTHAKUMARI,
D/O SRI. MADHAVAN,
AGED ABOUT 70 YEARS,
CHANNAMALLIPURA, HANGAL HOBLI,
GUNDLUPET TALUK,
CHAMARAJNAGAR DISTRICT - 571 411.
2. SRI. B. FAISAL,
S/O BADERI BICHIKOYA,
AGED ABOUT 53 YEARS,
OCCUPATION: AGRICULTURIST,
NOW RESIDING AT CHENNAMALIPURA,
HANGAL HOBLI, GUNDLUPET TALUK,
CHAMARAJNAGAR DISTRICT - 571 111.
Digitally signed by
DHARMALINGAM ...PETITIONERS
Location: HIGH
COURT OF (BY SRI. RAM M.K, ADVOCATE)
KARNATAKA
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
O/AT M.S BUILDING,
3RD FLOOR, 3RD GATE,
BENGALURU - 560 001.
-2-
NC: 2024:KHC:7213
WP No. 5371 of 2024
2. THE ASSISTANT COMMISSIONER,
KOLLEGAL SUB DIVISION, KOLLEGAL,
CHAMARAJANAGAR DISTRICT - 571 440.
3. THAHASILDAR,
GUNDLUPETE TALUK,
KOLLEGALA SUB-DIVISION,
CHAMARAJANAGAR DISTRICT - 571 111.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE
IMPUGNED ORDER DATED 18/01/2002 PASSED BY THE R2 IN
LRF NO. 07.92-93 WITH RESPECT OF LAND BEARING SURVEY
NO. 87/24, 87/31 AND 87/40 EACH SURVEY NUMBERS
MEASURING 4 ACRES, TOTALLY MEASURING 12 ACRES, ALL
LANDS ARE SITUATED AT CHANNAMALLIPURA VILLAGE,
HANGALA HOBLI, GUNDLUPET TALUK, CHAMARAJANAGAR
DISTRICT VIDE ANNEXURE-C 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.
NC: 2024:KHC:7213
2. The petitioners are aggrieved by the order of
forfeiture dated 18.01.2002 passed by the Assistant
Commissioner, Kollegal Sub-Division, Kollegal 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 petitioners submits that
this is a case where the impugned order of forfeiture has
been passed by the Assistant Commissioner without notice
to the petitioners. 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.
NC: 2024:KHC:7213
5. Learned Additional Government Advocate points
out from the impugned order that notice was indeed
issued to the petitioners and in spite of notice having been
issued, the petitioners do not appear before the Assistant
Commissioner.
6. It is noticeable that in the impugned order dated
18.01.2002 passed in LRF.No.7/1992-93, the Assistant
Commissioner has set aside both the sale deeds of the two
petitioners herein. It is noticeable that proceedings were
initiated in L.R.F.No.7/1992-93 in respect of the sale
deeds dated 04.06.1988 under which the petitioner No.1
purchased the land in question. However, learned counsel
for the petitioners has drawn the attention of this Court to
Annexure-A, which is the sale deed dated 16.08.1995
under which petitioner No.2 herein purchased the land in
question from petitioner No.1. Learned counsel has rightly
submitted that no notice was issued to petitioner No.2
herein and no proceedings were initiated insofar as
petitioner No.2 is concerned in respect of the subsequent
NC: 2024:KHC:7213
sale deed dated 16.08.1995. The Assistant Commissioner
has passed the impugned order even without initiating the
proceedings against petitioner No.2 who has purchased
the property in the year 1995, while proceedings were
initiated against petitioner No.1 in LRF.No.7/1992-93. The
Assistant Commissioner has proceeded to set aside the
sale deed pertaining to petitioner No.2 herein, without any
cause of action and proceedings having being initiated
separately against petitioner No.2 herein.
The impugned order dated 18.01.2002 in
LRF.No.7/1992-93 insofar as petitioner No.2 is concerned
is quashed and set aside in the reasons stated herein
above. The name of petitioner No.2 shall be restored in
the RTC.
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-
NC: 2024:KHC:7213
ordinate bench should also enure to the petitioners herein.
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.
8. Consequently, the writ petition is allowed. The
impugned order dated 18.01.2002 passed by the Assistant
Commissioner in L.R.F No.7/1992-93 is hereby quashed
and set aside. The matter is remanded back to the
respondent-Assistant Commissioner to consider the case
of the petitioner No.1 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.
NC: 2024:KHC:7213
9. The petitioner No.1 shall appear before the
respondent-Assistant Commissioner on 21.03.2024,
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
rv
CT: BHK
