Karnataka High Court
Mr. H.K. Suresh vs The State Of Karnataka on 27 February, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:8053
WP No. 5866 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 5866 OF 2024 (LR)
BETWEEN:
MR. H.K. SURESH,
AGED ABOUT 52 YEARS
S/O SRI KEMPE GOWDA
RESIDENT OF NO.1616
CHANDRA LAYOUT, 2ND STAGE
BENGALURU-560040
...PETITIONER
(BY SRI. SHIVAKUMAR N., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REVENUE DEPARTMENT,
M S BUILDING
BENGALURU-560001
Digitally signed by REP BY ITS PRINCIPAL SECRETARY
DHARMALINGAM
Location: HIGH 2. ASSISTANT COMMISSIONER
COURT OF
KARNATAKA SHIVAMOGGA SUB DIVISION,
BALARAJ URS ROAD
SHIVAMOGGA-577201
3. THE THASILDAR
SHIVAMOGGA TALUK
WHPG VH4 SH25,
BASAVANAGUDI
SHIVAMOGGA
KARNATAKA-577201
...RESPONDENTS
(BY SRI.C.N.MAHADESHWARANA, AGA)
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NC: 2024:KHC:8053
WP No. 5866 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER PASSED BY THE R2 IN CASE NO. LRF 79(A)(B) 81/16-17
DATED 26/12/2016 VIDE ANNEXURE-A AND DIRECTING TO THE
R3 TO EFFECT REVENUE ENTRIES IN FAVOUR OF THE PETITIONER
HEREIN IN RESPECT OF THE LAND BEARING SY. NO.30/6 AND
SY.NO.30/7 MEASURING 20 GUNTAS AND 2 ACRES AND 3
GUNTAS RESPECTIVELY SITUATED AT VIRUPINAKOPPA VILLAGE,
KASABA HOBLI, SHIVAMOGGA TALUK AND DISTRICT.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned Additional Government Advocate takes
notice for all the respondents.
2. The petitioner is aggrieved by the order of
forfeiture dated 26.12.2016 passed by the respondent-
Assistant Commissioner, Shivamogga Sub-Division, who
held that the two sale transactions, both dated 24.09.2012
wherein the petitioner purchased two pieces of lands
measuring 20 guntas in Sy.No.30/6 (old Sy.No.30/1) and
2 acres 03 guntas in Sy.No.30/7 (old Sy.No.30/1), both
situated at Virupinakoppa village, Kasaba Hobli,
Shivamogga Taluk were opposed to the provisions
contained in Sections 79-A and 79-B of the Karnataka
Land Reforms Act, 1961.
NC: 2024:KHC:8053
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. 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
NC: 2024:KHC:8053
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-
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 26.12.2016 in case
No.L.R.F.79(A)(B): 81/2016-17 passed by the respondent-
Assistant Commissioner, Shivamogga Sub-Division at
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Annexure-A, is hereby quashed and set aside. The matter
is remitted 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 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 27th March 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.
11. Pending I.As., if any, stand disposed of.
Sd/-
JUDGE
DL
CT: JL
