Karnataka High Court
Sri.S.Chandrashekar vs State Of Karnataka on 10 January, 2024
Author: R. Devdas
Bench: R. Devdas
-1-
NC: 2024:KHC:1221
WP NO.21473 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.21473 OF 2023 (LR)
BETWEEN:
SRI. S. CHANDRASHEKAR
S/O LATE SOMASHEKARAIAH
AGED ABOUT 59 YEARS,
R/AT NEAR ANNAPOORNESHWARI TEMPLE,
VASAVI LAYOUT, VIDYA NAGARA,
SIRA - 572 137.
...PETITIONER
(BY SRI. CHOKKAREDDY, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S. BUILDING,
AMBEDKAR BEEDHI,
BENGALURU - 560 001.
Digitally signed by
JUANITA
THEJESWINI 2. ASSISTANT COMMISSIONER
Location: HIGH
COURT OF BENGALURU NORTH SUB-DIVISION,
KARNATAKA II FLOOR, KANDHAYA BHAVAN,
K.G. ROAD,
BENGALURU - 560 009.
3. TAHSILDAR
YELAHANKA TALUK,
YELAHANKA TALUK OFFICER,
(EARLY BENGALURU NORTH ADDITIONAL TALUK)
BENGALURU - 560 063.
...RESPONDENTS
(BY SRI. SESHU V., HCGP)
-2-
NC: 2024:KHC:1221
WP NO.21473 OF 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 22ND JULY, 2009 PASSED BY THE
RESPONDENT NO.2 IN CASE NO.L.R.F.(BNA)11/07-08 IN
RESPECT OF SURVEY NO.12/5 MEASURING TO AN EXTENT OF
5 GUNTAS, SITUATED AT ADDE VISHWANATHPURA VILLAGE,
HESARAGHATTA HOBLI, YELAHANKA TALUK, (EARLIER
BENGALURU NORTH ADDITIONAL TALUK) VIDE ANNEXURE-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):
The petitioner is aggrieved by the order of forfeiture
dated 22nd July, 2009 passed by the Assistant
Commissioner, Bengaluru North Sub-Division, Bengaluru
under the provisions of Section 83 for violation of the
provisions contained in Sections 79-A, 79-B and 80 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
NC: 2024:KHC:1221
WP NO.21473 OF 2023
to the petitioner. It is further submitted that under similar
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 High Court Government Pleader
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 High Court
Government Pleader 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-
NC: 2024:KHC:1221
WP NO.21473 OF 2023
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.
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 22nd July, 2009 passed in case
No.L.R.F(B.N.A)11/07-08 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
NC: 2024:KHC:1221
WP NO.21473 OF 2023
brought to the provisions of Sections 79-A and 79-B of the
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
