Karnataka High Court
Mrs. H Komala vs State Of Karnataka on 23 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:7671
WP No. 5176 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. 5176 OF 2024 (LR)
BETWEEN:
MRS. H. KOMALA,
W/O NAGARAJ S.,
AGED ABOUT 43 YEARS,
R/AT NO.6/22/2, 9TH CROSS,
4TH MAIN ROAD,
RAMACHANDRA AGRAHARA CHAMARAJAPETE,
BENGALURU - 560 018.
...PETITIONER
(BY SRI. R. SRINIVASA GOWDA, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REVENUE DEPARTMENT,
Digitally signed VIDHANA SOUDHA,
by
DHARMALINGAM BANGALORE - 560 001,
Location: HIGH
COURT OF REPRESENTED BY ITS SECRETARY.
KARNATAKA
2. THE ASSISTANT COMMISSIONER,
PANDAVAPURA SUB-DIVISION,
MANDYA DISTRICT - 571 434.
3. THE TAHSILDHAR,
SRIRANGAPATNA TALUK,
SRIRANGAPATNA - 571 438.
...RESPONDENTS
(BY SRI. SESHU V, HCGP)
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NC: 2024:KHC:7671
WP No. 5176 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE
ORDER DATED 18/09/2018 PASSED IN CASE NO. LRF PARI
(SRI) 188/2016-17 BY THE R2 AS PER ANNEXURE -C AND ETC.
THIS 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 all the respondents.
2. The petitioner is aggrieved by the orders of
forfeiture dated 18.06.2018 and 24.02.2020 passed by the
Assistant Commissioner, Pandavapura Sub-Division,
Pandavapua 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 orders of forfeiture has
been passed by the Assistant Commissioner without notice
to the petitioner. It is further submitted that under similar
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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.
The Assistant Commissioner is therefore required to
ascertain, whether the forfeited lands still remain with the
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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 18.06.2018 at Annexure-C and
order dated 24.02.2020 at Annexure-K passed by the
Assistant Commissioner in L.R.F Pari(Sri)188/2016-17 and
LRF Pari(Sri) 06/2017-18 are hereby quashed and set
aside. The matter is remanded back to the respondent-
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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 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
