Karnataka High Court
N. Guruprasad vs The Assistant Commissioner on 29 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:8453
WP No. 15105 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.15105 OF 2023 (LR)
BETWEEN:
N. GURUPRASAD,
S/O. A. NAGARAJ RAO,
AGED ABOUT 63 YEARS,
R/A 950, 23RD CROSS,
MCECHS LAYOUT,
DR. SHIVARAMAKARANTHA NAGAR,
BENGALURU - 560 077.
...PETITIONER
(BY SRI. SHEKAR L.S., ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER,
RAMANAGARA SUB-DIVISION,
RAMANAGARA - 563 101.
Digitally signed by
DHARMALINGAM
Location: HIGH 2. THE TAHSILDAR,
COURT OF RAMANAGARA TALUK,
KARNATAKA
RAMANAGARA - 563 101.
...RESPONDENTS
(BY SRI. SESHU V., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
SETTING ASIDE THE IMPUGNED ORDER DATED 06.01.2018 AT
ANNX-D THE R-1 IN LRF.79(A) AND (B) 68/2015, DIRECT THE
RESPONDENTS TO RESTORE REVENUE ENTRIES AS PER ANNX-
B AND C SERIES, THE MUTATION ENTRIES AND RTCs
RESPECTIVELY.
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NC: 2024:KHC:8453
WP No. 15105 of 2023
THIS WRIT 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 06.01.2018 passed by the Assistant
Commissioner, Ramanagara Sub-Division, Ramanagara
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
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
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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
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
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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 06.01.2018 in proceedings bearing
No.L.R.F.79(A) and (B) 68/2015-16, passed by the
respondent-Assistant Commissioner, Ramanagara Sub-
Division, Ramanagara, 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
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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
