Karnataka High Court
Mr. Srivathsa Govindarju vs The State Of Karnataka on 4 January, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:344
WP No. 321 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 321 OF 2024 (LR)
BETWEEN:
MR. SRIVATHSA GOVINDARJU,
S/O DR. B.H. GOVINDARAJU,
AGED ABOUT 52 YEARS,
R/AT CHIGURU ECOSPACE,
SINGADASANAHALLI VILLAGE,
KASABA HOBLI,
MAGADI TALUK,
RAMANAGARA DISTRICT - 562 120.
...PETITIONER
(BY SRI. NARASE GOWDA D., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
REVENUE DEPARTMENT,
M.S.BUILDING,
Digitally signed by
JUANITA BANGALORE - 560 001.
THEJESWINI
Location: HIGH
COURT OF 2. THE ASSISTANT COMMISSIONER,
KARNATAKA RAMANAGARA SUB-DIVISION,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT - 562 112.
3. THE TAHSILDAR,
MAGADI TALUK,
RAMANAGARA DISTRICT - 562 120.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
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NC: 2024:KHC:344
WP No. 321 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE
ORDER DATED 30/01/2020 PASSED BY THE R2, ASST.
COMMISSIONER, RAMANAGARA SUB-DIVISION, VIDE NO. LRF
79/48/2019/2020 AND TO QUASH ALL PROCEEDINGS
PURSUANT THERETO PRODUCED AT ANNEXURE-A 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
30.01.2020 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
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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.
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
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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 30.01.2020 passed in case
No.L.R.F.79(A) & (B) 48/2019-20 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
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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 29TH January
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
rv
CT:SNN
