Karnataka High Court
Smt Narayanamma vs Thasildhar on 1 March, 2024
Author: R Devdas
Bench: R Devdas
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WP No. 12 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 12 OF 2024 (LR)
BETWEEN:
SMT. NARAYANAMMA,
W/O K.S. MUNIYAPPA,
AGED ABOUT 65 YEARS,
RESIDING AT GUNJURUPALYA,
VARTHURU HOBLI,
BENGALURU EAST TALUK - 560 087.
...PETITIONER
(BY SRI. AMITH XAVIER C, ADVOCATE)
AND:
1. THASILDHAR,
MALUR TALUK,
MALUR KOLAR DISTRICT - 563 101.
Digitally signed by 2. THE ASSISTANT COMMISSIONER,
DHARMALINGAM
Location: HIGH KOLAR SUB-DIVISION,
COURT OF KOLAR DISTRICT - 563 101.
KARNATAKA
...RESPONDENTS
(BY SRI. SESHU V, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDERS ORDER PASSED BY THE R2 IN
LRF.CR.85/2006-07 DATED 17.06.2015 AS PER ANNEXURE-A
AND ALLOW THE PETITION FILED BY THE PETITIONER AND
ETC.,
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WP No. 12 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned High Court Government Pleader takes notice
for both the respondents.
2. The petitioner is aggrieved by the order of
forfeiture dated 17.06.2015 passed by the Assistant
Commissioner, Kolar Sub-Division, Kolar 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.
3. 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
W.P.No.7821/2021 has passed an order dated 16.08.2021
remanding the matter back to the Assistant Commissioner
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for fresh consideration after affording an opportunity of
hearing to the aggrieved person.
4. Admittedly, as on the date of the Karnataka
Land Reforms (Amendment) Ordinance, 2020, no
proceedings were pending before any Court/authority.
5. Learned High Court Government Pleader 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.
6. It is the contention of the learned High Court
Government Pleader that even as per the materials
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.
7. Having considered the submission of the
learned Counsels and on perusing the judgment of the co-
ordinate Bench in W.P.No.7821/2021, 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.
8. Consequently, the writ petition is allowed. The
impugned order dated 17.06.2015 passed by the Assistant
Commissioner in L.R.F C.R.85/2006-07 is hereby quashed
and set aside. The matter is remanded 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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The petitioner shall appear before the respondent-
Assistant Commissioner on 01.04.2024, without waiting
for further notice from the Assistant Commissioner.
Ordered accordingly.
Learned High Court Government Pleader is
permitted to file memo of appearance within a period of
four weeks from today.
Sd/-
JUDGE
rv
CT: BHK
