Karnataka High Court
Smt. Rajalakshmi vs The State Of Karnataka on 12 January, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:1728
WP No. 17347 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 17347 OF 2023 (LR)
BETWEEN:
1. SMT. RAJALAKSHMI
W/O LATE SRI K. L. SRIHARI
AGED ABOUT 77 YEARS
R/AT NO. 9, SHESHADRI ROAD,
BENGALURU - 560 009.
2. SRI K. H. GURUNATH
S/O LATE SRI K. L. SRIHARI
AGED ABOUT 59 YEARS
R/AT NO. 9, SHESHADRI ROAD
BENGALURU- 560 009.
3. SRI K. H. SRINIVAS
S/O LATE SRI K. L. SRIHARI
AGED ABOUT 55 YEARS
R/AT NO. 9, SHESHADRI ROAD
BENGALURU - 560 009.
Digitally signed
by VINUTHA B S 4. SRI K. H. RADHESHYAM
Location: HIGH
COURT OF S/O LATE SRI. K. L. SRIHARI,
KARNATAKA
AGED ABOUT 53 YEARS
R/AT NO 9, SHESHADRI ROAD
...PETITIONERS
(BY SRI. SHIVARAMA BHAT O., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS REVENUE SECRETARY
M. S. BUILDINGS, DR. AMBEDKAR ROAD,
BENGALURU - 560 001.
2. ASSISTANT COMMISSIONER
PANDAVAPURA SUB - DIVISION
-2-
NC: 2024:KHC:1728
WP No. 17347 of 2023
PANDAVAPURA TALUK, PANDAVAPURA
MANDYA DISTRICT- 571 434.
3. THE TAHSILDAR
PANDAVAPURA TALUK
MANDYA DISTRICT-571434.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD 11.05.2015 PASSED BY THE ASSISTANT COMMISSIONER,
PANDAVAPURA SUB-DIVISION, THE R2 HEREIN VIDE
ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioners are aggrieved by the order dated
11.05.2015 passed by the Assistant Commissioner,
Pandavapura Sub-Division, Pandavapura, Mandya District
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.
2. 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
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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.
3. 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.
4. 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-
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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.
5. 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.
6. Consequently, the writ petition is allowed. The
impugned order dated 11.05.2015 passed in case No.
¨sÀƸÀÄ: ¥Àj²Ã®£É:124/11-12 is hereby quashed and set aside.
The matter is remitted 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
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Karnataka Land Reforms Act in Karnataka Amendment
No.56 of 2020.
7. The petitioners shall appear before the
respondent-Assistant Commissioner on 08th February
2024, without waiting for further notice from the Assistant
Commissioner.
Ordered accordingly.
Sd/-
JUDGE
NS
CT:TSM
