Karnataka High Court
Shravana Kumara V Kalase vs The Assistant Commissioner on 10 January, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:1220
WP NO.21387 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.21387 OF 2023 (LR)
BETWEEN:
SHRAVANA KUMARA V. KALASE
S/O VEERBHADRAPPA
AGED ABOUT 46 YEARS,
R/AT NIAGUDI VILLAGE,
NIRAGUDI POST,
ALANDA TALUK,
KALABURAGI DISTRICT - 585 302.
PRESENTLY RESIDING AT:
NO.22/23, SUJATHA RESIDENCY,
6TH CROSS, NISARGA LAYOUT,
BASAVANAPURA ROAD,
K.R. PURA,
BENGALURU - 560 036.
...PETITIONER
(BY SRI. AMARNATH M., ADVOCATE)
Digitally signed by
JUANITA AND:
THEJESWINI
Location: HIGH 1. THE ASSISTANT COMMISSIONER
COURT OF
KARNATAKA DODDABALLAPURA SUB-DIVISION,
DODDABALLAPURA,
BENGALURU RURAL DISTRICT - 561 203.
2. TAHSILDAR
DEVANAHALLI TALUK,
DEVANAHALLI,
BENGALURU RURAL DISTRICT - 562 110.
...RESPONDENTS
(BY SRI. SESHU V., HCGP)
-2-
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WP NO.21387 OF 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET
ASIDE THE ORDER DATED 31ST AUGUST, 2018 PASSED BY
THE RESPONDENT NO.1 IN CASE NO.LRF:SR(DE).162/2013-14
VIDE ANNEXURE-A; CONSEQUENTLY, DIRECT THE
RESPONDENT NO.2 TO ENTER THE NAME OF THE PETITIONER
IN THE REVENUE RECORDS IN RESPECT OF THE PROPERTY
BEARING SURVEY NO.201/2, MEASURING 0.01.04 (0.01¼ )
GUNTAS OF LAND, SITUATED AT GANAGAVARA
CHOWDAPPANAHALLI VILLAGE, CHANNARAYAPATTANA HOBLI,
DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT AS PER
THE REGISTERED SALE DEED DATED 22ND MARCH, 2013 VIDE
ANNEXURE-B; 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 August, 2018 passed by the Assistant
Commissioner, Doddaballapura Sub-Division,
Doddaballapura 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.
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WP NO.21387 OF 2023
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
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
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WP NO.21387 OF 2023
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
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 August, 2018 passed in case
No.LRF:SR(DE):162/2013-14 by the respondent No.1-
Assistant Commissioner is hereby quashed and set aside.
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WP NO.21387 OF 2023
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.
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
