Karnataka High Court
Sri. Balaraju vs The Assistant Commissioner on 21 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:7214
WP No. 4696 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. 4696 OF 2024 (LR)
BETWEEN:
SRI. BALARAJU,
S/O MAHADEVAMMA, MAJOR,
AGED ABOUT 55 YEARS,
RESIDING AT CHIKKA ANGADI ROAD,
HANUR TOWN, KOLLEGALA TALUK
CHAMARAJANAGAR DISTRICT - 571 440.
...PETITIONER
(BY SRI. RAM M.K, ADVOCATE FOR
SRI. BALACHANDRA Y.S, ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER,
KOLLEGALA SUB DIVISION,
KOLLEGALA - 571 440.
Digitally signed by
DHARMALINGAM
Location: HIGH 2. TAHSILDAR, HANUR TALUK,
COURT OF CHAMARAJANAGAR DISTRICT - 571 439.
KARNATAKA
...RESPONDENTS
(BY SRI. SESHU V, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE
ORDER DATED 28/01/2014 PASSED BY R1 IN LRF 62/2011-12
WITH RESPECT OF THE LAND BEARING SURVEY NO. 74/3 NEW
SY. NO. 74/13 MEASURING TO AN EXTENT OF 0.03 CENTS
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NC: 2024:KHC:7214
WP No. 4696 of 2024
SITUATED AT HANUR VILLAGE, HANUR HOBLI, KOLLEGALA
TALUK (VIDE ANNEXURE-C) 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 both the respondents.
2. The petitioner is aggrieved by the order of
forfeiture dated 28.01.2014 passed by the Assistant
Commissioner, Kollegala Sub-Division, Kollegala 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
NC: 2024:KHC:7214
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.
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
NC: 2024:KHC:7214
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 order dated 28.01.2014 passed by the Assistant
Commissioner in L.R.F:62/2011-12 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
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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 from today.
Sd/-
JUDGE
rv
CT: BHK
