Karnataka High Court
Sri. P.K Sanjeev vs The State Of Karnataka on 9 January, 2024
Author: R Devdas
Bench: R Devdas
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WP No. 15369 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 15369 OF 2023 (LR)
BETWEEN:
SRI. P.K. SANJEEV,
S/O SRI. LAKSHMANAN,
AGED ABOUT 45 YEARS,
RESIDING AT KUNHIPPURAVIL HOUSE,
CHETTIPEEDIKA P.O. PALLIKKUNNU,
KANNUR TALUK AND DISTRICT,
KERALA - 670 004.
...PETITIONER
(BY SRI. N. VISHWANATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
Digitally signed by DEPARTMENT OF REVENUE,
JUANITA THEJESWINI
Location: HIGH VIDHANA SOUDHA, BENGALURU - 560 001.
COURT OF
KARNATAKA
2. THE ASSISTANT COMMISSIONER,
KOLEGALA SUB-DIVISION, KOLLEGALA,
CHAMARAJANAGARA DISTRICT - 571 440.
3. THE TAHSILDAR,
CHAMARAJANAGARA TALUK,
CHAMARAJANAGARA DISTRICT - 571 440.
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA)
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WP No. 15369 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING / SET
ASIDING THE ORDER DATED 21.2.2012 PASSED BY THE R-2 IN
LRF (79A-79B) 223/2008-09 DATED 21.2.2012 IN RESPECT OF
SY.NO.38 MEASURING 27 GUNTAS OUT OF THAT EASTERN
PORTION OF 25 GUNTAS OF LAND ONLY AND LAND BEARING
SY.NO.37/2 MEASURING 0.7 GUNTAS OUT OF THAT EASTERN
PORTION OF 0.5 GUNTAS OF LAND ONLY AND LAND BEARING
SY.NO.40/2 MEASURING 0.7 GUNTAS OUT OF THE EASTERN
PORTION OF 0.5 GUNTAS ONLY, IN ALL 35 GUNTAS OF LAND
SITUATED AT CHANNAMALLIPURA, HANGALA HOBLI,
GUNDLUPET TALUK, CHAMARAJANGARA DISTRICT VIDE ANNXC
AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, 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
21.02.2012 passed by the Assistant Commissioner,
Kollegala Sub-Division, Kollegala, under the provisions of
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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
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
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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
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 21.02.2012 passed in case
No.L.R.F.223/2008-09 is hereby quashed and set aside.
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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.
8. The petitioner shall appear before the
respondent-Assistant Commissioner on 5TH February
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:BHK
