Karnataka High Court
Sri. Kottapalli Sathyanarayana Raju vs The State Of Karnataka on 26 February, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:7813
WP No. 29407 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.29407 OF 2023 (LR)
BETWEEN:
SRI. KOTTAPALLI SATHYANARAYANA RAJU
AGED ABOUT 48 YEARS,
S/O SHIVARAMA RAJU
NO.7-7-11/4
GURUPETA STREET BHIMARAVAM-3
WEST GODAVARI DISTRICT
ANDHRA PRADESH-534201
REP BY HIS GPA HOLDER
SHRI N SRINIVASA
S/O LATE N NARASIMHA
AGED ABOUT 43 YEARS
Digitally signed
by KRISHNAPPA R/AT SUBHASH STRET
LAXMI YASHODA SRINGERI TOWN, SRINGERI TALUK
Location: HIGH
COURT OF CHIKKAMAGALURU DISTRICT-577139
KARNATAKA
...PETITIONER
(BY SRI. BHAT VISHNU JANARDHANA., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY,
REVENUE DEPARTMENT
VIDHANA SOUDHA
BENGALURU-560001
-2-
NC: 2024:KHC:7813
WP No. 29407 of 2023
2. ASSISTANT COMMISSIONER
REVENUE SUB DIVISION
CHIKKAMAGALURU-577101
3. THE TAHASILDAR
SRINGERI TALUK
CHIKKAMAGALURU DISTRICT-577139
...RESPONDENTS
(BY SRI MOHAMMED JAFFAR SHAH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A)
QUASH THE ORDER DATED 30/12/2013 PASSED BY R2 IN
DISPUTE NO. RRT.LRF.CR.26/12-13 (ANNEXURE-D) AND
FURTHER DIRECT THE R2 TO RESTORE THE LAND IN SY. NO.
28 MEASURING 0.33 GUNTAS AND IN SY. NO. 29 MEASURING
1 ACRES 03 GUNTAS, TOTALLY MEASURING 1 ACRE 36
GUNTAS SITUATED IN KIKKARE VILLAGE, KASABA HOBLI,
SRINGERI TALUK, CHIKKAMAGALUR DISTRICT IN THE NAME
OF PETITIONER AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned Additional Government Advocate takes
notice for all the respondents.
NC: 2024:KHC:7813
2. The petitioner is aggrieved by the order dated
30.12.2013 passed by the Assistant Commissioner,
Revenue Sub-Division, Chikkamagaluru, under the
provisions of Section 83 for violation of the provisions 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
remanding the matter back to the Assistant Commissioner
for fresh consideration after affording an opportunity of
hearing to the aggrieved person.
4. 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
NC: 2024:KHC:7813
issued, the petitioner did not appear before the Assistant
Commissioner.
5. 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 have been granted to third parties. If
the lands have been granted to third party, then sub-
section (1) of Section 12 of the Karnataka Act No.56 of
2020 / 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.
6. 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
NC: 2024:KHC:7813
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.
7. Consequently, the writ petition is allowed. The
impugned order dated 30.12.2013 passed by the
respondent No.2 in case No.RRT:LRF.CR.26/12-13 is
hereby quashed and set aside. The matter is remitted back
to the respondent No.2 -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, 1961 in Karnataka Amendment No.56
of 2020.
8. The petitioner shall appear before the
respondent No.2 - Assistant Commissioner on 15th March
2024, without waiting for further notice from the Assistant
Commissioner.
Ordered accordingly.
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9. Learned Additional Government Advocate is
permitted to file Memo of Appearance within a period of
four weeks from today.
Sd/-
JUDGE
KLY
CT: JL
