Karnataka High Court
Sri. Poonakkattil Yoonus vs The State Of Karnataka on 22 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:7395
WP No. 15657 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION No.15657 OF 2023 (LR)
BETWEEN:
SRI. POONAKKATTIL YOONUS
S/O POOANKKATTIL ABOOBACKER,
AGED ABOUT 43 YEARS,
RESIDING AT NAMBI PARAMBIL HOUSE,
CHENAKKALANGADI,
TIRURANGADI TALUK,
MALAPPURAM DISTRICT,
KERALA STATE-673636.
...PETITIONER
(BY SRI VISHWANATH N, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
Digitally BENGALURU-560001.
signed by R
MANJUNATHA
Location: 2. THE ASSISTANT COMMISSIONER
HIGH COURT KOLEGALA SUB DIVISION,
OF KOLLEGALA,
KARNATAKA
CHAMARAJANAGARA DISTRICT-571440.
3. THE TAHSILDAR
CHAMARAJANAGARA TALUK,
CHAMARAJANAGARA DISTRICT-571440.
...RESPONDENTS
(BY SRI MOHAMMED JAFFAR SHAH, AGA)
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NC: 2024:KHC:7395
WP No. 15657 of 2023
THIS WRIT PETITION IS FILED UNDEER ARTICLE 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE ORDER DTD 27/06/2017 PASSED BY THE R-2 IN
LRF/MIS/153/2016-17 IN RESPECT OF SY.NO.114/3
MEASURING 0.31 GUNTAS AND LAND BEARING SY.NO.114/4
MEASURING 1 ACRE 28 GUNTAS LAND SITUATED AT AGATHA
GOWDANAHALLI VILLAGE, BEGUR HOBLI, GUNDLUPET TALUK,
CHAMARAJANAGARA DISTRICT VIDE ANNEXURE-E 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 the respondents.
2. The petitioner is aggrieved by the order of
forfeiture dated 27.06.2017 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
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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 Additional Government Advocate 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 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
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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 order dated 27.06.2017 passed in case
No.L.R.F/Mis/153/2016-27 is hereby quashed and set
aside. The matter is remanded back to the respondent-
Assistant Commissioner to consider the case of the
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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 22.03.2024,
without waiting for further notice from the Assistant
Commissioner.
Ordered accordingly.
10. Learned Additional Government Advocate is
permitted to file Memo of Appearance within a period of
four weeks from today.
Sd/-
JUDGE
kcm
