Karnataka High Court
Sri Muniyellappa vs State Of Karnataka on 22 February, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:7385
WP No. 5310 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.5310 OF 2024 (LR)
BETWEEN:
SRI MUNIYELLAPPA
S/O LATE GULLAJAPPA,
AGED ABOUT 82 YEARS,
R/AT K DOMMASANDRA VILLAGE,
BIDARAHALLI HOBLI,
BENGALURU EAST TALUK,
BENGALURU - 560049
...PETITIONER
(BY SRI SHASHI KUMAR N, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU - 560001.
Digitally
signed by R 2. THE ASSISTANT COMMISSIONER,
MANJUNATHA
Location:
BENGALURU RURAL,
HIGH COURT DODDABALLAPURA SUB-DIVISION,
OF
KARNATAKA RAMANAGARA - 561 203.
3. THE TAHASILDAR
HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT - 562144.
...RESPONDENTS
(BY SRI C.N.MAHADESHWARAN, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
-2-
NC: 2024:KHC:7385
WP No. 5310 of 2024
QUASH THE IMPUGNED ORDER DATED 31.10.2018 PASSED BY
THE R-2 ASSISTANT COMMISSIONER, IN CASE NO. L.R.F.SR
(HO) 227/2013-14, VIDE ANNEXURE-A AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, 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 31.10.2018 passed by the Assistant
Commissioner, Doddaballapura Sub-Division,
Doddaballapura, 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
W.P.No.7821/2021 has passed an order dated 16.08.2021
NC: 2024:KHC:7385
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
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-
NC: 2024:KHC:7385
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 31.10.2018 passed in case
No.L.R.F:SR:(HO)227/2013-14 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
NC: 2024:KHC:7385
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
