Karnataka High Court
Sri.Vijaya Bhushan vs State Of Karnataka on 10 January, 2024
Author: R. Devdas
Bench: R. Devdas
-1-
NC: 2024:KHC:1222
WP NO.21479 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.21479 OF 2023 (LR)
BETWEEN:
SRI. VIJAYA BHUSHAN
S/O RAMA SHASTRY
AGED ABOUT 63 YEARS,
R/AT NO.40, SURABHI,
4TH CROSS, 5TH BLOCK,
KAMAKYA LAYOUT,
BSK 2ND STAGE, 3RD PHASE,
BENGALURU - 560 085.
...PETITIONER
(BY SRI. CHOKKAREDDY, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S BUILDING,
AMBEDKAR BEEDHI,
Digitally signed BENGALURU - 560 001.
by JUANITA
THEJESWINI 2. ASSISTANT COMMISSIONER
Location: HIGH BENGALURU NORTH SUB-DIVISION,
COURT OF II FLOOR, KANDAYA BHAVAN,
KARNATAKA
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:1222
WP NO.21479 OF 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 19TH SEPTEMBER, 2008 PASSED BY
THE RESPONDENT NO.2 IN CASE NO.L.R.F.(83)(B.N.A)35/07-
08 IN RESPECT OF SURVEY NO.12/18B MEASURING TO AN
EXTENT OF 10 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 19th September, 2008 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:1222
WP NO.21479 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:1222
WP NO.21479 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 19th September, 2008 passed in
case No.L.R.F(83) (B.N.A) 35/07-08 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
NC: 2024:KHC:1222
WP NO.21479 OF 2023
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
