Karnataka High Court
Sri.H.S Mahadevaswamy vs State Of Karnataka on 22 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:7560
WP No. 14594 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.14594 OF 2023 (LR)
BETWEEN:
SRI H.S. MAHADEVASWAMY,
S/O. H.P. SHIVANNA,
AGED ABOUT 54 YEARS,
R/AT 3RD CROSS, R.P. ROAD,
NANJANAGUDU TOWN,
MYSURU DISTRICT.
...PETITIONER
(BY SRI C.M. RAJANEESH, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
VIDHANA SOUDHA,
AMBEDKAR VEEDHI,
Digitally signed by
DHARMALINGAM BENGALURU-560 001,
Location: HIGH REPERSENTED BY CHIEF SECRETARY.
COURT OF
KARNATAKA 2. PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
AMBEDKAR VEEDHI,
BENGALURU-560 001.
3. ASST. COMMISSIONER,
KOLLEGALA SUB-DIVISION,
KOLLEGALA,
CHAMARAJANAGAR DISTRICT,
PIN CODE-571 440.
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WP No. 14594 of 2023
4. TAHSILDAR,
GUNDLUPET TALUK,
PIN CODE-571 313.
...RESPONDENTS
(BY SRI C.N. MAHADESHWARAN, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE JUDGEMENT/ORDER DATED 17.7.2012 PASSED BY
THE RESPONDENT NO. 3 IN CASE NO.L.R.F 212/2008-09, VIDE
ANNEXURE-D AND ALL FURTHER ACTIONS TAKEN IN
PURSUANT THERETO AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned Additional Government Advocate takes notice for all the respondents.
2. The petitioner is aggrieved by the order of forfeiture dated 17.07.2012 at Annexure-D passed by the Assistant Commissioner, Kollegala Sub-Division, Kollegala, under the provisions of Section 83 for violation -3- NC: 2024:KHC:7560 WP No. 14594 of 2023 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 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.
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6. It is the contention of the learned Additional Government Advocate 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 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. -5-
NC: 2024:KHC:7560 WP No. 14594 of 2023
8. Consequently, the writ petition is allowed. The impugned order dated 17.07.2012 passed in case No.L.R.F.212/2008-09 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.
9. The petitioner shall appear before the respondent-Assistant Commissioner on 22nd March 2024, without waiting for further notice from the Assistant Commissioner.
Ordered accordingly.
10. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.
Sd/-
JUDGE KLY