Karnataka High Court
Sri Jojukumar vs The Tahsildar on 5 March, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:9184
WP No. 4799 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 4799 OF 2024 (LR)
BETWEEN:
SRI. JOJUKUMAR
S/O THOMAS,
AGED ABOUT 51 YEARS,
R/AT PAZHEYAMPALLIL HOUSE,
NEAR ST. THOMAS CHURCH,
KUNNOTH, KANNUR DISTRICT
KERALA-670706.
...PETITIONER
(BY SRI. CHETHAN S.N., ADVOCATE FOR
SRI. KUMAR J C., ADVOCATE)
AND:
1. THE TAHSILDAR
SRIRANGA PATNA TALUK,
SRIRANGAPATNA-571438
2. THE ASSISTANT COMMISSIONER
Digitally signed
PANDAVAPURA SUB-DIVISION,
by KRISHNAPPA PANDAVAPURA,
LAXMI YASHODA
Location: HIGH
MANDYA DISTRICT-57143
COURT OF ...RESPONDENTS
KARNATAKA
(BY SRI.C.N. MAHADESHWARAN., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ORDER PASSED BY THE KARNATAKA APPELLATE COURT IN
MISC.P.NO.13/2022 DATED 29.11.23 AS PER ANNEXURE-A.
AND GRANT AN INTERIM PRAYER TO STAY OF THE ORDER
PASSED BY THE R2 IN LR (REV) 77/2015-16 DATED 20.1.2017
AS PER ANNEXURE-C.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
-2-
NC: 2024:KHC:9184
WP No. 4799 of 2024
ORDER
R.DEVDAS J., (ORAL):
Learned Additional Government Advocate takes notice for both the respondents. Office objections are overruled.
2. This is a proceeding initiated under Section 79A and 79B of the Karnataka Land Reforms Act, 1961. The petitioner herein purchased 2 acres of land in Sy.No.385/1 and another extent of 2 acres of land in Sy.No.385/2 (in total 4 acres) both situated at Mundagadore Village, Arakere Hobli, Srirangapatna Taluk, under a registered sale deed dated 08.02.2012. Proceedings were initiated by the competent authority/Assistant Commissioner in proceedings bearing No.LR/Review/77/2015-16 for contravention of the provisions. An order was passed by the Assistant Commissioner on 20.01.2017 holding that the sale transaction was in contravention of the provisions contained in Section 79A and 79B of the Act. The petitioner filed an appeal before the Karnataka Appellate -3- NC: 2024:KHC:9184 WP No. 4799 of 2024 Tribunal in Appeal No.254/2018. However, by order dated 18.07.2019 the appeal was dismissed for non-prosecution.
3. Learned counsel for the petitioner submits that the petitioner was not aware of the fact that the appeal was dismissed for non-prosecution. Nevertheless, the petitioner filed a review petition in Rev.Misc.No.13/2022 before the Tribunal and the Tribunal passed the impugned order dated 29.11.2023 declining to accept the grounds raised by the petitioner for restoration of Appeal No.254/2018. Hence, the present petition.
4. This court had several occasions to consider such cases where writ petitions are filed long after the provisions contained in Section 79A, 79B and 79C were omitted from the statute book in terms of the Karnataka Land Reforms (Second Amendment) Act, 2020. It is the consistent opinion of this Court that if at any rate the Assistant Commissioner, after forfeiting the land has not disposed of the same in accordance with law then the benefit of the saving clause contained in Section 12 of the -4- NC: 2024:KHC:9184 WP No. 4799 of 2024 amending act is required to be given to such petitioners. The Assistant Commissioner is therefore required to ascertain, whether the declared excess lands or 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. For the reasons stated above, this Court proceeds to pass the following;
:ORDER:
(i) The writ petition stands disposed of.
(ii) The impugned order dated 29.11.2023 passed by the Karnataka Appellate Tribunal in Rev.Mis.No.13/2022 (in Appeal -5- NC: 2024:KHC:9184 WP No. 4799 of 2024 No.254/2018) is hereby quashed and set aside.
(iii) 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 79A and 79B of the Karnataka Land Reforms Act in Karnataka Amendment No.56 of 2020.
(iv) The petitioner shall appear before the respondent-Assistant Commissioner on 05.04.2024 without waiting for further notice from the Assistant Commissioner.
(v) If revenue entries have been altered pursuant to the impugned order dated 20.01.2017, the same shall be restored in favour of the petitioner.
Ordered accordingly.
-6-
NC: 2024:KHC:9184 WP No. 4799 of 2024
7. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.
Sd/-
JUDGE DL CT: JL