Karnataka High Court
Sri Anand vs State Of Karnataka on 8 January, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:1252
WP No. 23464 of 2022
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. 23464 OF 2022 (LR)
BETWEEN:
SRI. ANAND
S/O NARASIMHAIAH,
AGED ABOUT 59 YEARS,
OCC: CULTIVATION,
R/AT: 3RD CROSS, HALAHALLI,
VINAYAKA TENT ROAD,
MANDYA, KARNATAKA-571401.
...PETITIONER
(BY SRI. HARIPRASAD M.B., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY OF THE
GOVERNMENT REVENUE DEPARTMENT,
M.S BUILDING,
Digitally
DR. B.R. AMBEDKAR VEEDHI,
signed by BANGALORE-560 001.
SUMA
Location: 2. THE DEPUTY COMMISSIONER
HIGH
COURT OF MANDYA DISTRICT,
KARNATAKA MANDYA-571401.
3. THE ASSISTANT COMMISSIONER
MANDYA SUB-DIVISION,
MANDYA-571401.
4. THE THASILDHAR
MANDYA TALUK,
MANDYA-571 438.
...RESPONDENTS
(BY SRI. SESHU V., HIGH COURT GOVERNMENT PLEADER)
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NC: 2024:KHC:1252
WP No. 23464 of 2022
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 19.05.2011, PASSED IN L.R.F.
314/2010-11, VIDE ANNEXURE-G ISSUED BY RESPONDENT
NO.3 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 dated
19.05.2011 passed by the Assistant Commissioner, Mandya
Sub-Division, Mandya, under the provisions of Section 83 for
violation of the provisions of 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
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.
NC: 2024:KHC:1252
3. 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.
4. It is the contention of the learned High Court
Government Pleader 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 have
been granted to third parties. If the lands have been granted to
third party, then sub-section (1) of Section 12 of the Karnataka
Act No.56 of 2020 / 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.
5. 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
NC: 2024:KHC:1252
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.
6. Consequently, the writ petition is allowed. The
impugned order dated 19.05.2011 passed by the respondent
No.3 in case No.LRF./314/2010-11 is hereby quashed and set
aside. The matter is remitted back to the respondent No.3-
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, 1961 in Karnataka Amendment
No.56 of 2020.
7. The petitioner shall appear before the respondent
No.3 - Assistant Commissioner on 31st January 2024, without
waiting for further notice from the Assistant Commissioner.
Ordered accordingly.
Sd/-
JUDGE
SMA
