Karnataka High Court
Sri Mahesh G Shetty vs The State Of Karnataka on 11 January, 2024
Author: R. Devdas
Bench: R. Devdas
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NC: 2024:KHC:1500
WP No. 27639 of 2023
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. 27639 OF 2023 (LR)
BETWEEN:
1. SRI MAHESH G. SHETTY,
S/O GOPALAKRISHNA POMMAYA SHETTY,
AGED ABOUT 50 YEARS,
R/A FLAT NO.A-1302,
ASSETZ LUMOZ,
NO.89, 90, 91, INDUSTRIAL SUBURB,
YESHWANTHPUR,
BENGALURU 560022.
...PETITIONER
(BY SRI. VIJAYA KUMAR K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally REVENUE DEPARTMENT,
signed by VIDHANA SOUDHA,
VINUTHA B S
BENGALURU 560001.
Location: REP. BY ITS PRINCIPAL SECRETARY,
High Court of
Karnataka
2. THE ASSISTANT COMMISSIONER,
DODDABALLAPURA SUB DIVISION,
DODDABALLAPURA, PIN 561203.
3. THE TAHSILDAR,
NELAMANGALA TALUK,
NELAMANGALA, PIN 562123.
...RESPONDENTS
(BY SRI.C.N. MAHADESHWARAN, AGA)
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NC: 2024:KHC:1500
WP No. 27639 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH/ SET ASIDE THE ORDER DATED 18.12.2015, PASSED
BY THE R2 IN NO. LRF SR (NE) 83/2009-10 (ANNEXURE-A),
HOLDING THE SAME AS ILLEGAL AND ALLOW THE WP FILED BY
THE PETITIONER AND CONSEQUENTLY DIRECT THE R2 TO
TRANSFER THE KATHA IN THE NAME OF THE PETITIONER IN
RESPECT OF THE LAND IN SY.NO. 109/2, MEASURING 2 ACRES
38 GUNTAS, SITUATED AT KALALUGHATTA VILLAGE,
TYAMAGONDLU HOBLI, NELAMANGALA TALUK AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP 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
18.12.2015 passed by the Assistant Commissioner,
Doddabalapura Sub-Division, Doddabalapura 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.
NC: 2024:KHC:1500
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. 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.
NC: 2024:KHC:1500
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.
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 18.12.2015 passed in case
No.LRF:SR(NE)83/2009-10 is hereby quashed and set
NC: 2024:KHC:1500
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 78-B of the Karnataka Land Reforms Act in Karnataka
Amendment No.56 of 2020.
8. The petitioner shall appear before the
respondent-Assistant Commissioner on 07th February
2024, without waiting for further notice from the Assistant
Commissioner.
Ordered accordingly.
Learned Additional Government Advocate is
permitted to file Memo of Appearance within a period of
four weeks from today.
Sd/-
JUDGE
VBS
