Karnataka High Court
Sri. C. Ramachandraiah vs The Tahsildar on 25 August, 2022
Author: R Devdas
Bench: R Devdas
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WP No. 13001 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 13001 OF 2021 (LR)
BETWEEN:
SRI. C. RAMACHANDRAIAH
S/O. LATE CHIKKACHANNAIAH,
AGED ABOUT 64 YEARS,
AGRICULTURIST,
R/AT HANCHIPURA VILLAGE,
HEDAVANI POST,
Digitally signed by AMMATHURU HOBLI,
JUANITA KUNIGAL TALUK,
THEJESWINI
Location: HIGH
TUMKUR DISTRICT-572130.
COURT OF ...PETITIONER
KARNATAKA (BY SRI. REVANASIDDAPPA H. K., ADVOCATE)
AND:
1. THE TAHSILDAR
MYSURU TALUK,
MYSURU-570 001.
2. THE ASSISTANT COMMISSIONER
MYSURU SUB-DIVISION,
MYSURU-570 001.
...RESPONDENTS
(BY SRI. SESHU.V, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS ON THE FILE OF THE R2 AND QUASH THE
IMPUGNED ORDER DATED 07.09.2016 PASSED BY THE R2 AS
ANNEXURE-B AND ALSO THAT PART OF THE IMPUGNED ORDER
PASSED BY THE HONBLE KARNATAKA APPELLATE TRIBUNAL IN
REVENUE APPEAL NO.724/2017 DATED 06.09.2019 AT
ANNEXURE-C AND ETC.
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WP No. 13001 of 2021
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioner is aggrieved by the order of forfeiture dated 07.09.2016 passed by the Assistant Commissioner, Mysuru Sub-Division, Mysuru 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 and the subsequent order dated 06.09.2019 passed by the Karnataka Appellate Tribunal, in Appeal No. 724/2017.
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 W.P.No.7821/2021 has passed an order dated 16.08.2021 remanding the matter back to the Assistant Commissioner for fresh consideration after affording an opportunity of hearing to the aggrieved person.
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3. Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no proceedings were pending before any court/authority.
4. 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.
5. 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 say that the proceedings have reached finality. Or otherwise, sub-section (2) of Section 12 of the Amending -4- WP No. 13001 of 2021 Act will apply and all further proceedings shall be declared as abated by the Assistant Commissioner.
6. 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.
7. Consequently, the writ petition is allowed. The impugned order dated 06.09.2019 passed by the Karnataka Appellate Tribunal in Appeal No. 724/2017 and the order dated 07.09.2016 passed by the respondent- Assistant Commissioner in case No.L.R.F.79(A)&(B)2/ 2014-15, are 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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8. The petitioner shall appear before the respondent- Assistant Commissioner on 20th September 2022, without waiting for further notice from the Assistant Commissioner.
Ordered accordingly.
Sd/-
JUDGE DL