Karnataka High Court
Sri Dodda Basavarajappa vs The State Of Karnataka on 10 January, 2024
Author: R. Devdas
Bench: R. Devdas
-1-
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WP NO.16548 OF 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE R. DEVDAS
WRIT PETITION NO.16548 OF 2023 (LR)
BETWEEN:
SRI. DODDA BASAVARAJAPPA
S/O VASUDEVAPPA
AGED ABOUT 76 YEARS,
RESIDING AT UTTANAHALLI VILLAGE,
JALA HOBLI,
BENGALURU NORTH TALUK - 562 157.
...PETITIONER
(BY SRI. P.M. NARAYANA SWAMY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REVENUE DEPARTMENT,
M.S. BUILDING,
BENGALURU - 560 001.
Digitally signed by
JUANITA THEJESWINI 2. THE ASSISTANT COMMISSIONER
Location: HIGH
COURT OF CHIKKABALLAPURA SUB-DIVISION,
KARNATAKA CHIKKABALLAPURA - 562 101.
3. THE TAHSILDAR
CHIKKABALLAPURA TALUK,
CHIKKABALLAPURA - 562 101.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 12TH AUGUST, 2015 PASSED IN
-2-
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WP NO.16548 OF 2023
CASE NO.L.R.F:79AB:CR:105/2006-07 BY THE RESPONDENT
NO.2-ASSISTANT COMMISSIONER VIDE ANNEXURE-A; DIRECT
THE RESPONDENT NO.3 TO EFFECT REVENUE ENTRIES IN
FAVOUR OF THE PETITIONER IN RESPECT OF LAND BEARING
SURVEY NO.48/5 MEASURING TO AN EXTENT OF 0-30 GUNTAS
SITUATED AT HAROBANDE VILLAGE, KASABA HOBLI
CHIKKABALLAPURA TALUK; 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 of forfeiture
dated 12th August, 2015 passed by the Assistant
Commissioner, Chikkaballapura Sub-Division,
Chikkaballapura 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.
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
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WP NO.16548 OF 2023
circumstances, a co-ordinate Bench of this Court in Writ
Petition No.7821 of 2021 has passed an order dated 16th
August, 2021 remanding the matter back to the Assistant
Commissioner for fresh consideration after affording an
opportunity of hearing to the aggrieved person.
3. Learned Additional Government Advocate
appearing for respondents 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 Additional
Government Advocate that even as per the material
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.
5. Having considered the submission of the learned
Counsels and on perusing the judgment of the co-ordinate
Bench in Writ Petition No.7821 of 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.
6. Consequently, the writ petition is allowed. The
impugned order dated 12th August, 2015 passed in case
No.L.R.F:79AB:CR:105/2006-07 by the respondent No.2-
Assistant Commissioner 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 79-B of the
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WP NO.16548 OF 2023
Karnataka Land Reforms Act in Karnataka Amendment
No.56 of 2020.
7. The petitioner shall appear before the
respondent-Assistant Commissioner on 06th February,
2024, without waiting for further notice from the Assistant
Commissioner.
Ordered accordingly.
Sd/-
JUDGE
ARK
