Karnataka High Court
Sri.G.N. Doreswamy vs The Competent Authority And on 10 January, 2024
Author: R. Devdas
Bench: R. Devdas
-1-
NC: 2024:KHC:1219
WP NO.21261 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.21261 OF 2023 (LR)
BETWEEN:
SRI. G.N. DORESWAMY
S/O LATE NANJEGOWDA
AGED ABOUT 53 YEARS,
R/AT GONISOMANAHALLI VILLAGE,
HALEBEEDU HOBLI,
BELUR TALUK,
HASSAN - 573 121.
...PETITIONER
(BY SRI. RUDRESH, ADVOCATE)
AND:
1. THE COMPETENT AUTHORITY AND
ASSISTANT COMMISSIONER
HASSAN SUB-DIVISION,
Digitally signed HASSAN - 573 201.
by JUANITA
THEJESWINI
Location: HIGH 2. THE TAHSILDAR
COURT OF HASSAN TALUK,
KARNATAKA
HASSAN - 573 201.
...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 31ST DECEMBER, 2018 IN CASE
NO.79(A) AND 79(B)46/16-17 PASSED BY THE RESPONDENT
NO.1 WITH RESPECT TO LAND BEARING SURVEY NO.86/39
-2-
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MEASURING TO AN EXTENT OF 0-02.12 GUNTAS SITUATED AT
CHIKKAKONDAGULA VILLAGE, KASABA HOBLI, HASSAN TALUK
HASSAN DISTRICT 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 31st December, 2018 passed by the Assistant
Commissioner, Hassan Sub-Division, Hassan 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
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
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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
say that the proceedings have reached finality. Or
otherwise, sub-section (2) of Section 12 of the Amending
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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 31st December, 2018 passed in case
No.79(A) & 79(B)46/16-17 by the respondent No.1-
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
Karnataka Land Reforms Act in Karnataka Amendment
No.56 of 2020.
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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
