Karnataka High Court
Smt Savitha @ Chandra Kala vs State Of Karnataka Represented on 9 January, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:1708
WP No. 24543 of 2021
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. 24543 OF 2021 (LR)
BETWEEN:
SMT. SAVITHA @ CHANDRA KALA,
D/O LATE SRI. KRISHNAPPA,
AGED ABOUT 43 YEARS,
RESIDING AT NO. 5/30,
LINGARAJAPURAM, H.M. ROAD,
BANGALORE - 560 084.
...PETITIONER
(BY SRI. ANJANEYA A.B, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED
BY THE ASSISTANT COMMISSIONER,
DODABALLAPUR DIVISION, DODABALLAPUR,
Digitally signed BANGALORE RURAL DIST. - 561 203.
by JUANITA
THEJESWINI
Location: HIGH 2. THE TAHSILDAR,
COURT OF DEVANAHALLI TALUK,
KARNATAKA
BANGALORE RURAL DIST. - 562 110.
...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
PASSED BY THE R1 DATED 25.07.2011 AND DIRECT THE
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WP No. 24543 of 2021
RESPONDENTS TO RESTORE THE NAME OF THE FATHER OF
THE PETITIONER IN THE REVENUE RECORDS 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 both the respondents.
2. The petitioner is aggrieved by the order of
forfeiture dated 25.07.2011 passed by the Assistant
Commissioner, Doddaballapur Division, Doddaballapur
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.
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
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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. Admittedly, as on the date of the Karnataka
Land Reforms (Amendment) Ordinance, 2020, no
proceedings were pending before any Court/authority.
5. 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.
6. 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
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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.
7. 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.
8. Consequently, the writ petition is allowed. The
impugned order dated 25.07.2011 passed by the Assistant
Commissioner in L.R.F-SR(DE)-104/2009-10 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
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Sections 79-A and 79-B of the Karnataka Land Reforms
Act in Karnataka Amendment No.56 of 2020.
9. The petitioner shall appear before the
respondent-Assistant Commissioner on 01.02.2024,
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
