Karnataka High Court
Sri. Ravi .M vs The Assistant Commissioner on 5 January, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:642
WP No. 13535 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. 13535 OF 2023 (LR)
BETWEEN:
SRI. RAVI .M,
S/O LATE MURALIDHARAN A.G,
AGED ABOUT 60 YEARS,
NO.10 CMC., COMPLEX,
RAJARAJESHWARI NAGAR
B.C.H. ROAD,
BENGALURU- 560098
...PETITIONER
(BY SRI. K R LINGARAJU., ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER,
Digitally signed MYSURU SUB-DIVISION,
by JUANITA MYSURU-570001.
THEJESWINI
Location: HIGH
COURT OF 2. THE TAHSILDAR,
KARNATAKA
MYSURU TALUK,
MUSURU-570001.
...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 ORDER IN CASE NO.LRF. 79A, B 132/09-10 DTD
06.09.2010 PASSED BY THE R1 VIDE ANENXURE-A AND
-2-
NC: 2024:KHC:642
WP No. 13535 of 2023
DIRECT RESPONDENTS TO RESTORE OR ENTER THE NAME OF
PETITIONER WITH RESPECT OF LAND BEARING SY.NO.79/1D
MEASURING 18 GUNTAS AND LAND BEARING SY.NO.79/3
MEASURING 1 ACRE 05 GUNTAS BOTH THE LANDS ARE
SITUATED AT SARKARIUTHANAHALLI VILLAGE, VARUNA
HOBLI, MYSURU TALUK AND DISTRICT 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 06.09.2010 passed by the Assistant Commissioner,
Mysuru Sub-Division, Mysuru 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
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
NC: 2024:KHC:642
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 HCGP 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
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
NC: 2024:KHC:642
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 06.09.2010 passed by the Assistant
Commissioner in LRF No.79A, B 132/09-10 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 consequences of the
subsequent amendment brought to the provisions of
NC: 2024:KHC:642
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
