Karnataka High Court
Sri Cheluvarayappa vs The Assistant Commissioner on 29 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:8437
WP No. 6145 of 2024
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.6145 OF 2024 (LR)
BETWEEN:
1. SRI. CHELUVARAYAPPA,
S/O LATE CHELUVEGOWDA,
AGED ABOUT 72 YEARS,
SENIOR CITIZEN BENEFITS NOT CLAMIED.
2. SMT. MENAKA,
D/O KALEGOWDA,
AGED ABOUT 64 YEARS.
3. SRI. BASAVARAJU,
S/O KALEGOWDA,
AGED ABOUT 60 YEARS.
4. SRI. GIRISHA,
Digitally signed S/O MANJUNATH,
by
DHARMALINGAM AGED ABOUT 45 YEARS.
Location: HIGH
COURT OF
KARNATAKA
5. SRI. VINAY,
S/O MANJUNATH,
AGED ABOUT 35 YEARS,
ALL ARE R/AT HOUSE NO.25,
THIMMAIAH GARDEN,
LINGAPPA BLOCK, R.T. NAGAR,
BENAGLURU - 560 032.
...PETITIONERS
(BY SRI. BOREGOWDA H.K., ADVOCATE)
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NC: 2024:KHC:8437
WP No. 6145 of 2024
AND:
1. THE ASSISTANT COMMISSIONER,
MYSORE SUB-DIVISION,
MYSORE - 570 001.
2. THE TAHASILDAR,
MYSORE TALUK,
MYSORE - 570 001.
3. THE STATE OF KARNATAKA,
REPRESENTED BY PRINCIPAL SECRETARY,
REVENUE DEPARTMENT O/AT M.S. BUILDING,
3RD FLOOR, 3RD GATE,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 16.07.2014 IN LRF. 79 (A) (B) 325/2012-13
PASSED BY R1 WITH RESPECT OF LAND BEARING SURVEY
NO.97/7 MEASURING TO AN EXTENT OF 12 GUNTAS SITUATED
AT GUDAMADHANAHALLI VILLAGE, VARUNA HOBLI, MYSORE
TALUK, MYSURU DISTRICT, VIDE ANNEXURE-D AND ETC.
THIS 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.
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2. The petitioners are aggrieved by the order of
forfeiture dated 16.07.2014 passed by the Assistant
Commissioner, Mysore Sub-Division, Mysore 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 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
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.
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5. Learned Additional Government Advocate 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.
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
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.
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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 petitioners
herein.
8. Consequently, the writ petition is allowed. The
impugned order dated 16.07.2014 in proceedings bearing
No.L.R.F.79(A) and (B) 325/2012-13, passed by the
respondent-Assistant Commissioner, Mysore Sub-Division,
Mysore, 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 Sections 79-A and 79-B of the Karnataka
Land Reforms Act in Karnataka Amendment No.56 of
2020.
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9. The petitioners shall appear before the
respondent-Assistant Commissioner on 28.03.2024,
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.
Sd/-
JUDGE
AMM
