Karnataka High Court
Smt. Thithumma Pichen Cheerath vs The State Of Karnataka on 23 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:7666
WP No. 3327 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 3327 OF 2024 (LR)
BETWEEN:
1. SMT. THITHUMMA PICHEN CHEERATH,
W/O LATE SRI. NANDUKANNI MOHAMMED HAJI,
AGED ABOUT 63 YEARS,
R/O NANDUKANNI HOUSE,
ARIMBRA, MORAYUR VILLAGE, ERNAD TALUK,
MALAPPURAM - 673 638, KERALA.
2. SRI. JAFAR N.K,
S/O LATE SRI. NANDUKANNI MOHAMMED HAJI,
AGED ABOUT 48 YEARS,
R/O NANDUKANNI HOUSE,
ARIMBRA, MORAYUR VILLAGE, ERNAD TALUK,
MALAPPURAM - 673 638, KERALA.
Digitally signed 3. SMT. HAZEENA,
by
DHARMALINGAM W/O SRI. AFASHAL NANDUKANNI,
Location: HIGH AGED ABOUT 45 YEARS,
COURT OF
KARNATAKA R/O PUTHANAPURAKKAL, SCHOOL PADI,
ARIMBRA, MORAYUR VILLAGE, ERNAD TALUK,
MALAPPURAM - 673 638, KERALA.
4. SMT. SUNEERA N.K,
W/O SRI. ABDUL RASHEED,
AGED ABOUT 42 YEARS,
R/O ERUMBATH VADAKKANAGARA,
MALAPPURAM - 679 324, KERALA.
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WP No. 3327 of 2024
5. SRI. NABEEL N.K,
S/O LATE SRI. NANDUKANNI MOHAMMED HAJI,
AGED ABOUT 37 YEARS,
R/O NANDUKANNI HOUSE,
ARIMBRA, MORAYUR VILLAGE, ERNAD TALUK
MALAPPURAM - 673 638, KERALA.
...PETITIONERS
(BY SRI. BASAVANNA K.M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU - 560 001.
2. THE ASSISTANT COMMISSIONER,
KOLLEGALA SUB DIVISION,
KOLLEGALA - 571 440.
3. THE TAHASILDHAR,
KOLLEGALA TALUK,
KOLLEGALA - 571 440.
...RESPONDENTS
(BY SRI. SESHU V, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF TE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DATED 20.09.2011 PASSED BY THE R2 IN NO.LRF.82/2009-10
AS PER ANNEXURE-F AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 3327 of 2024
ORDER
R.DEVDAS J., (ORAL):
Learned High Court Government Pleader takes notice
for all the respondents.
2. The proceedings were initiated against
Sri.N.K.Mohammed Haji, whereas the legal heirs of
deceased Sri.N.K.Mohammed Haji, are before this Court.
3. The petitioners are aggrieved by the order of
forfeiture dated 20.09.2011 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.
4. Learned Counsel for the petitioners submits that
this is a case where the impugned order of forfeiture has
been passed by the Assistant Commissioner without notice
to the petitioners. 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.
5. Admittedly, as on the date of the Karnataka
Land Reforms (Amendment) Ordinance, 2020, no
proceedings were pending before any Court/authority.
6. Learned High Court Government Pleader points
out from the impugned order that notice was indeed
issued to the petitioners and in spite of notice having been
issued, the petitioners did not appear before the Assistant
Commissioner.
7. 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
ascertain, whether the forfeited lands still remain with the
State Government or has been granted to third parties. If
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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.
8. 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 petitioners herein.
9. Consequently, the writ petition is allowed. The
impugned order dated 20.09.2011 passed by the Assistant
Commissioner in L.R.F No.82/2009-10 is hereby quashed
and set aside. The matter is remanded back to the
respondent-Assistant Commissioner to consider the case
of the petitioners including the consequences of the
subsequent amendment brought to the provisions of
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Sections 79-A and 79-B of the Karnataka Land Reforms
Act in Karnataka Amendment No.56 of 2020.
10. The petitioners shall appear before the
respondent-Assistant Commissioner on 23.03.2024,
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.
Sd/-
JUDGE
rv
CT: BHK
