Karnataka High Court
Sri. Syed Usman vs Government Of Karnataka on 5 January, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:643
WP No. 23927 of 2023
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. 23927 OF 2023 (LR)
BETWEEN:
SRI. SYED USMAN
S/O SYED MUSTHAFA
AGED ABOUT 56 YEARS
R/AT 171/1, 9TH CROSS
D BLOCK GOVINDAPURA MAIN ROAD,
ARABIC COLLEGE POST
BANGALORE 560 045
...PETITIONER
(BY SRI. PUNITH C., ADVOCATE)
AND:
1. GOVERNMENT OF KARNATAKA
REPRESENTED BY
Digitally signed
by JUANITA ITS PRINCIPAL SECRETARY
THEJESWINI REVENUE DEPARTMENT
Location: HIGH
COURT OF M.S. BUILDING
KARNATAKA BANGALORE 560 001
2. ASSISTANT COMMISSIONER
DODDABALLAPURA SUB DIVISION
DODDABALLAPURA
BANGALORE RURAL DISTRICT
PIN CODE 561203
3. TAHSILDAR
-2-
NC: 2024:KHC:643
WP No. 23927 of 2023
HOSAKOTE TALUK
PIN CODE:562114
...RESPONDENTS
(BY SRI.SESHU V., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DTD 31.10.2018, PASSED BY
THE R2 IN LRF.SR(H)255/2012-13 AS PER ANNEXURE-D AND
DIRECT THE R2 AND 3 TO RESTORE THE REVENUE ENTRIES IN
THE NAME OF THE PETITIONER IN RESPECT OF THE SCHEDULE
PROPERTY AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioner is aggrieved by the order of forfeiture
dated 31.10.2018 passed by the Assistant Commissioner,
Doddaballapura Sub-Division, Doddaballapura 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.
2. Learned Counsel for the petitioner submits that
this is a case where the impugned order of forfeiture has
NC: 2024:KHC:643
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. Admittedly, as on the date of the Karnataka
Land Reforms (Amendment) Ordinance, 2020, no
proceedings were pending before any Court/authority.
4. Learned High Court Government Pleader 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
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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.
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 31.10.2018 passed by the Assistant
Commissioner in L.R.F:SR (Ho)No.255/2012-13 is hereby
quashed and set aside. The matter is remanded back to
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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 and 79-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 30th January 2024, without
waiting for further notice from the Assistant
Commissioner.
Ordered accordingly.
Sd/-
JUDGE
JT/-
CT: JL
