Karnataka High Court
Sri Mahadeva vs The State Of Karnataka on 9 January, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:995
WP No. 16123 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. 16123 OF 2023 (LR)
BETWEEN:
SRI. MAHADEVA,
S/O LATE LAKSHMANA,
AGED ABOUT 46 YEARS,
R/AT BHUVANAHALLI VILLAGE,
BETTADAPURA HOBLI,
PIRIYAPATTANA TALUK,
MYSURU DISTRICT - 571 107.
...PETITIONER
(BY SRI. N. NANJUNDASWAMY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REVENUE DEPARTMENT,
Digitally signed by
JUANITA M.S. BUILDING, BANGALORE - 560 001,
THEJESWINI
Location: HIGH
REPRESENTED BY ITS SECRETARY.
COURT OF
KARNATAKA
2. THE ASSISTANT COMMISSIONER,
HUNSUR SUB-DIVISION,
HUNSUR - 571 105.
3. THE TASILDHAR,
PIRIYAPATTANA TALUK,
PIRIYAPATTANA - 571 107.
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA)
-2-
NC: 2024:KHC:995
WP No. 16123 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 2.3.2020, PASSED BY THE R-2 IN LRF.NO.197/2015-16
AS PER ANNX-A 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
02.03.2020 passed by the Assistant Commissioner, Hunsur
Sub-Division, Hunsur, 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
circumstances, a co-ordinate Bench of this Court in
NC: 2024:KHC:995
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
say that the proceedings have reached finality. Or
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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 02.03.2020 passed in case
No.L.R.F.197/2015-16 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 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
