Karnataka High Court
Smt Shalini vs The State Of Karnataka on 5 January, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:532
WP No. 39 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 39 OF 2024 (LR)
BETWEEN:
1. SMT SHALINI
W/O KESHAVPRASAD,
AGED ABOUT 38 YEARS,
R/O SARASWATHI PURAM LAYOUT,
KASABA HOBLI,
HASSAN TALUK AND DISTRICT - 573201.
...PETITIONER
(BY SRI. MADHU M T., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
TO REVENUE DEPARTMENT,
Digitally signed
by JUANITA VIKASA SOUDHA, BANGALORE-01.
THEJESWINI
Location: HIGH
COURT OF 2. THE ASSISTANT COMMISSIONER
KARNATAKA
HASSAN SUB DIVISION,
HASSAN - 573201.
3. THE TAHASILDAR
HASSAN TALUK, HASSAN - 573201.
...RESPONDENTS
(BY SRI. C.N.MAHADESHWARAN, AGA)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
NC: 2024:KHC:532
ORDER ANNEXURE-D DATED 15/09/2018 PASSED BY THE
ASSISTANT COMMISSIONER, HASSAN SUB-DIVISION, HASSAN
ON THE FILE OF LRF NO. 79(A) AND (B) 781/2015-16 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 of
forfeiture dated 15.09.2018 passed by the Assistant
Commissioner, Hassan Sub-Division, Hassan under the
provisions of Section 83 for violation of the provisions
contained 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
to the petitioner. It is further submitted that under similar
NC: 2024:KHC:532
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. Admittedly, as on the date of the Karnataka
Land Reforms (Amendment) Ordinance, 2020, no
proceedings were pending before any Court/authority.
5. 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.
6. 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
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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.
7. 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.
8. Consequently, the writ petition is allowed. The
impugned order dated 15.09.2018 passed by the Assistant
Commissioner in L.R.F No.79(A) and (B)781/2015-16 is
hereby quashed and set aside. The matter is remanded
back to the respondent-Assistant Commissioner to
consider the case of the petitioner including the
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consequences of the subsequent amendment brought to
the provisions of Sections 79-A and 79-B of the Karnataka
Land Reforms Act in Karnataka Amendment No.56 of
2020.
The petitioner shall appear before the respondent-
Assistant Commissioner on 30.01.2024, 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
