Karnataka High Court
Smt Savitha vs The Assistant Commissioner on 22 February, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:7390
WP No. 4761 of 2024
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.4761 OF 2024 (LR)
BETWEEN:
SMT SAVITHA
W/O SRI PRABHU SWAMY,
D/O LATE SRI MALLANNA,
AGED ABOUT 50 YEARS,
SIKSHAKARA BHAVANA ROAD,
KANAKAPURA TOWN, KANAKAPURA TALUK,
PRESENTLY R/AT NO.74/8,
EDUMADU VILLAGE, HAROHALLI HOBLI,
KAGGALIPURA POST, HAROHALLI TALUK,
RAMANAGARA DISTRICT.
...PETITIONER
(BY SRI VIJAYKUMAR PRAKASH, ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER
RAMANAGARA SUB-DIVISION,
Digitally RAMANAGARA-562 159
signed by R
MANJUNATHA
2. TAHASILDAR
Location:
HIGH COURT KANAKAPURA TALUK,
OF KANAKAPURA-562117
KARNATAKA
RAMANAGARA DISTRICT.
3. STATE OF KARNATAKA
VIDHANA SOUDHA,
DR.AMBEDKAR BEEDI,
BENGALURU-560001
REPRESENTED BY ITS CHIEF SECRETARY
...RESPONDENTS
(BY SRI SESHU V, HCGP)
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NC: 2024:KHC:7390
WP No. 4761 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ORDER DATED 31.10.2013 PASSED BY THE R1 IN LRF.79(A
AND B)/CR/104/2009-10 AT ANNEXURE-B TO THE PRESENT
WRIT PETITION.
THIS WRIT PETITION, COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned High Court Government Pleader takes notice
for the respondents.
2. The petitioner is aggrieved by the order of
forfeiture dated 31.10.2013 passed by the Assistant
Commissioner, Ramanagara Sub-Division, Ramanagara,
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
NC: 2024:KHC:7390
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 the 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.
NC: 2024:KHC:7390
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 order dated 31.10.2013 passed in case
No.L.R.F:79(A & B)/CR/104/2009-10 is hereby quashed
and set aside. The matter is remanded back to the
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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 22.03.2024,
without waiting for further notice from the Assistant
Commissioner.
Ordered accordingly.
10. Learned High Court Government Pleader is
permitted to file Memo of Appearance within a period of
four weeks from today.
Sd/-
JUDGE
kcm
