Karnataka High Court
Sri. Mogga Sitramayya vs The State Of Karnataka on 16 January, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:1952
WP No. 23178 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 23178 OF 2023 (LR)
BETWEEN:
SRI. MOGGA SITRAMAYYA
S/O LATE VENKATARAMAN,
AGED ABOUT 57 YEARS,
R/A NO 5-51,
SANATHIVANIPALEM
VEPAGUNTA, PENDURTHI,
VISHAKAPATNAM
ANDHRA PRADESH - 530047
...PETITIONER
(BY SRI. VARUN R R., ADVOCATE)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA
JUANITA
THEJESWINI DEPARTMENT OF REVENUE,
Location: HIGH VIDHANA SOUDHA
COURT OF
KARNATAKA BENGALURU - 560001
REPRESENTED BY ITS
PRINCIPAL SECRETARY
2. THE ASSISTANT COMMISSIONER
DODDABALLAPURA SUB DIVISION,
MINI VIDHANA SOUDHA,
DODDABALLAPURA - 562148
3. THE TAHSILDHAR
-2-
NC: 2024:KHC:1952
WP No. 23178 of 2023
DEVANAHALLI TALUK
BENGALURU RURAL - 562110
4. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
MAHARSHI ARAVIND BHAVAN,
1ST FLOOR, NRUPATHUNGA ROAD,
BANGALORE - 560001
REPRESENTED BY ITS
SPECIAL LAND ACQUISITION OFFICER - 2
(B.M.I.C.P)
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 17/08/2019 PASSED BY THE R2 IN
LRF.SR(De).42/2015-16 AS PER ANNEXURE-A AND GRANT AN
INTERIM ORDER TO STAY THE OPERATION OF THE IMPUGNED
ORDER DATED 17/08/2019 PASSED BY THE R2 IN
LRF.SR(De).42/2015-16 AS PER ANNEXURE-A AND ALL
FURTHER PROCEEDINGS PURSUANT TO THERETO TILL
DISPOSAL OF THE ABOVE WP.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioner is aggrieved by the order dated
17.08.2019 passed by the Assistant Commissioner,
Doddaballapura Sub-Division, Doddaballapura under the
provisions of Section 83 for violation of the provisions in
NC: 2024:KHC:1952
Sections 79A and 79B of the Karnataka Land Reforms Act,
1961.
2. 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.
3. 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.
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
NC: 2024:KHC:1952
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 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 petitioner
herein.
6. Consequently, the writ petition is allowed. The
impugned order dated 17.08.2019 passed in case
NC: 2024:KHC:1952
No.LRF:SR:(De):42/2015-16 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 79A and
79B of the Karnataka Land Reforms Act in Karnataka
Amendment No.56 of 2020.
7. The petitioner shall appear before the
respondent-Assistant Commissioner on 12th February
2024, without waiting for further notice from the Assistant
Commissioner.
Ordered accordingly.
Sd/-
JUDGE
JT/-
CT: JL
