Karnataka High Court
Sri. Munivenkatappa vs The Assistant Commissioner on 8 January, 2024
Author: R Devdas
Bench: R Devdas
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WP No. 15342 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 15342 OF 2023 (LR)
BETWEEN:
SRI. MUNIVENKATAPPA,
AGED ABOUT 62 YEARS,
S/O. LATE CHINNAPPA,
R/AT CHAMBENAHALLI VILLAGE,
SARAJAPURA HOBLI,
ANEKAL TALUK,
BENGALURU URBAN DISTRICT - 562 125.
...PETITIONER
(BY SRI. SESHAGIRI K.T., ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER,
DODDABALLAPURA SUB-DIVISION,
Digitally signed by DODDABALLAPURA - 561 203.
DHARMALINGAM
Location: HIGH
COURT OF 2. THE TAHASILDAR,
KARNATAKA
HOSKOTE TALUK,
HOSKOTE - 562 114.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED:6.2.2017 PASSED IN CASE NO.LRF.SR.(H) 500/2011-12
BY THE R-1 DECLARING THAT THE PURCHASE MADE BY
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WP No. 15342 of 2023
PETITIONER IN RESPECT OF THE LAND BEARING SY.NO.59/2
MEASURING 1 ACRE 9 GUNTAS, SITUATED AT BELLIKERE
VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, VIDE
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
06.02.2017 passed by the Assistant Commissioner,
Doddaballapura Sub-Division, Doddaballapura, 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
been passed by the Assistant Commissioner without notice
to the petitioner. It is further submitted that under similar
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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
the lands have been granted to third party, then sub-
section(1) of Section 12 of the amending Act will apply to
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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 06.02.2017 passed in case
No.L.R.F:SR(H)500/2011-12 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
and 78-B of the Karnataka Land Reforms Act in Karnataka
Amendment No.56 of 2020.
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8. The petitioner shall appear before the
respondent-Assistant Commissioner on 31ST 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
