Karnataka High Court
Sri. Shaikh Mohammed Hussain vs The State Of Karnataka on 11 January, 2024
Author: R. Devdas
Bench: R. Devdas
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NC: 2024:KHC:1503
WP No. 26646 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. 26646 OF 2023 (LR)
BETWEEN:
1. SRI. SHAIKH MOHAMMED HUSSAIN,
S/O. KHAJA HUSSAIN SHAIKH,
AGED ABOUT 48 YEARS,
RESIDING AT NO. 83,
1ST FLOOR, 16TH MAIN ROAD,
17TH E CROSS, BTM LAYOUT,
BANGALORE-560 076.
...PETITIONER
(BY SRI. B. C. VENKATESH., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
Digitally DEPARTMENT OF REVENUE,
signed by
VINUTHA B S VIDHANA SOUDHA,
Location: BENGALURU-560 001.
High Court of
Karnataka 2. THE ASSISTANT COMMISSIONER,
RAMANAGARA SUB-DIVISION,
RAMANAGARA-562 159.
3. THE TAHASILDAR,
KANAKAPURA TALUK,
KANAKAPURA,
RAMANAGARA DISTRICT-562 117.
...RESPONDENTS
(BY SRI SESHU V., HCGP)
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NC: 2024:KHC:1503
WP No. 26646 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 18/12/2019 PASSED BY
THE R2 IN ITS PROCEEDINGS BEARING NO. LRF.79(A) AND (B)
70/2015-16 (ANNEXURE-A) AS THE SAME IS ILLEGAL,
ARBITRARY REDUNDANT IN YOUR OF THE SUBSEQUENT
AMENDMENT.
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
18.12.2019 passed by the Assistant Commissioner,
Ramanagara Sub-Division, Ramanagara 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 by the Assistant Commissioner without notice
NC: 2024:KHC:1503
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 HCGP 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 HCGP 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
NC: 2024:KHC:1503
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 18.12.2019 passed in case
No.LRF.79(A) and (B) 70/2015-16 is hereby quashed and
set 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
NC: 2024:KHC:1503
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 HCGP is permitted to file Memo of
Appearance within a period of four weeks from today.
Sd/-
JUDGE
VBS
