Karnataka High Court
Sri Kottapalli Sathyanarayana Raju vs The State Of Karnataka on 11 January, 2024
Author: R Devdas
Bench: R Devdas
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WP No. 370 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 370 OF 2024 (LR)
BETWEEN:
SRI. KOTTAPALLI SATHYANARAYANA RAJU,
AGED ABOUT 48 YEARS,
S/O SHIVARAMA RAJU,
NO.7-7-11/4, GURUPETA STREET,
BHIMAVARAM-3,
WEST GODAVARI DISTRICT,
ANDHRA PRADESH-534 201.
REP BY HIS GPA HOLDER
SHRI N. SRINIVASA
S/O LATE N. NARASIMHA,
AGED ABOUT 43 YEARS,
R/AT SUBHASH STREET,
SRINGERI TOWN,
SRINGERI TALUK,
CHIKKAMAGALURU DISTRICT-577139
...PETITIONER
Digitally signed by
JUANITA (BY SRI. VISHNU BHAT, ADVOCATE)
THEJESWINI
Location: HIGH
COURT OF AND:
KARNATAKA
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU-560001.
2. THE ASSISTANT COMMISSIONER
REVENUE SUB-DIVISION,
CHIKKAMAGALURU-577101
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WP No. 370 of 2024
3. THE TAHASILDAR
SRINGERI TALUK,
CHIKKAMAGALURU DISTRICT - 577139
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, ADDITIONAL
GOVERNMENT ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 02.12.2013 PASSED BY 2ND RESPONDENT IN DISPUTE
NO.RRT:LRF.CR.24/12-13 (ANNEXURE-D) AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, 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 dated
02.12.2013 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
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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 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
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(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 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 02.12.2013 passed by the respondent
No.2 in case No.RRT:LRF.CR.24/12-13 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.
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8. The petitioner shall appear before the respondent
No.2 - Assistant Commissioner on 7th February 2024, without
waiting for further notice from the Assistant Commissioner.
Ordered accordingly.
9. Learned Additional Government Advocate is
permitted to file Memo of Appearance within a period of four
weeks from today.
Sd/-
JUDGE
SMA
