Karnataka High Court
Sri Mallappa vs The State Of Karnataka on 22 February, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:7389
WP No. 5165 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.5165 OF 2024 (LR)
BETWEEN:
SRI MALLAPPA
S/O KADAMANCHAIAH,
AGED ABOUT 64 YEARS,
R/AT HOUSE NO.738
ANTHONY CONVENT ROAD,
HINKAL,
MYSURU CITY-570 017
...PETITIONER
(BY SRI RENUKARADHYA R D, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT
M.S BUILDING,
DR AMBEDKAR VEEDHI,
BANGALORE-560 001
Digitally
signed by R
MANJUNATHA 2. THE ASSISTANT COMMISSIONER
Location:
HIGH COURT PANDAVAPURA SUB DIVISION
OF
KARNATAKA PANDAVAPURA,
MANDYA DISTRICT-571 434.
3. THE THAHSILDAR
SRIRANGAPATNA,
MANDYA DISTRICT-571 438
...RESPONDENTS
(BY SRI SESHU.V, HCGP)
-2-
NC: 2024:KHC:7389
WP No. 5165 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 7.3.2020 IN NO.BHUSU.PARI.
(SREE)/161/2009-10 PASSED BY THE R2, VIDE ANNEXURE-C,
AS THE SAME IS ILLEGAL AND VOID AB INITIO AND ETC.,
THIS WRIT 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 the respondents.
2. The petitioner is aggrieved by the order of
forfeiture dated 07.03.2020 passed by the Assistant
Commissioner, Pandavapura Sub-Division, Pandavapura,
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
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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.
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 07.03.2020 passed in case
No.BhuSu:Pari:(Sree)/161/2009-10 is hereby quashed and
set aside. The matter is remanded back to the respondent-
Assistant Commissioner to consider the case of the
NC: 2024:KHC:7389
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
