Karnataka High Court
Sri. Jai Ganesh V vs The State Of Karnataka on 29 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:8454
WP No. 17941 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 17941 OF 2023 (LR)
BETWEEN:
SRI. JAI GANESH V.,
S/O R VASU,
AGED ABOUT 47 YEARS,
R/AT NO.543,
20TH MAIN, 4TH T BLOCK,
JAYANAGAR,
BANGALORE - 560 041.
...PETITIONER
(BY SRI. VISHWANATH N., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU - 560 001.
Digitally signed
by
DHARMALINGAM 2. ASSISTANT COMMISSIONER,
Location: HIGH KOLEGAL SUB DIVISION,
COURT OF
KARNATAKA KOLLEGAL,
CHAMRAJNAGAR DISTRICT - 571 440.
3. THE TAHSILDAR,
KOLLEGAL SUB-DIVISION,
KOLLEGAL - 571 440,
CHAMRAJNAGAR DISTRICT.
...RESPONDENTS
(BY SRI. SESHU V., ADVOCATE)
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NC: 2024:KHC:8454
WP No. 17941 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO A) BY WAY
OF QUASHING / SET ASIDING THE ORDER DATED 13/10/2015
PASSED BY THE R2 IN LFT (79A-79B) 94/2013-14 IN RESPECT
OF SY. NO.767 MEASURING 4 ACRES 50 CENTS OUT OF 5
ACRES OF LAND, SITUATED AT KOLLEGALA TALUK, PALYA
HOBLI, CHIKKALLURU VILLAGE, CHAMARAJNAGAR, DISTRICT
VIDE ANNEXURE-C AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned High Court Government Pleader takes notice
for both the respondents.
2. The petitioner is aggrieved by the order of
forfeiture dated 13.10.2015 passed by the Assistant
Commissioner, Kolegal Sub-Division, Kollegal 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
NC: 2024:KHC:8454
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 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
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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 13.10.2015 in proceedings bearing
No.L.R.F.79(A) and (B) 94/2013-14, passed by the
respondent-Assistant Commissioner, Kollegal Sub-Division,
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Kollegal, 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 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 28.03.2024, without waiting
for further notice from the Assistant Commissioner.
Ordered accordingly.
10. Learned High Court Government Pleader is
permitted to file Memo of Appearance within a period of
four weeks from today.
Sd/-
JUDGE
AMM
