Karnataka High Court
Sri. Bhagawat Singh vs State Of Karnataka on 12 January, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:1736
WP No. 1183 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 1183 OF 2024 (LR)
BETWEEN:
1. SRI. BHAGAWAT SINGH,
AGED ABOUT 51 YEARS,
S/O. FEKU SINGH,
R/AT HOUSE NO. 4/331,
SECTOR H, JANAKIPURM,
LUCKNOW, UTTAR PRADESH.
REPRESENTED BY HIS GPA
SHRI. GAJANAND SITARAM GUPTA,
AGED 69 YEARS,
S/O. MR. SITARAM GUPTA,
RESIDING AT NO. 206, BARTON CENTRE,
84, M.G. ROAD, BANGALORE-560 001.
2. M/S. G. S. G. REALTY,
A REGISTERED PARTNERSHIP FIRM
Digitally signed by
HAVING ITS OFFICE AT 10TH FLOOR,
JUANITA THEJESWINI SAFAL PROFITAIRE, CORPORATION ROAD,
Location: HIGH OPP. AUDA GARDEN, PRAHALAD NAGAR,
COURT OF
KARNATAKA AHMEDABAD-380 015,
HAVING ITS BRANCH OFFICE AT NO. 206,
BARTON CENTRE, 84, M.G. ROAD,
BANGALORE-560 001,
AUTHORIZED SIGNATORY,
SHRI. GAJANAND SITARAM GUPTA.
...PETITIONERS
(BY SRI. T.P. VIVEKANANDA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
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NC: 2024:KHC:1736
WP No. 1183 of 2024
VIDHANA SOUDHA,
BANGALORE-560 001.
REPRESENTED BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT,
DEVANAHALLI-562 110.
3. THE ASSISTANT COMMISSIONER
DODDABALLAPURA SUB-DIVISION,
DODDABALLAPURA-561 203.
4. THE THASILDAR
DEVANAHALLI TALUK,
DEVANAHALLI-562 110,
BANGALORE RURAL DISTRICT.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
IN CASE NO. LRF/SR (DE)/73/2013-14 DATED 31/08/2018
PASSED BY THE R3 AT ANNEXURE-K AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned AGA takes notice for all the respondents.
2. Petitioner No.1 is a person against whom the proceedings were initiated by respondent No.3-Assistant Commissioner, Doddaballapura Sub-Division invoking the provisions contained in Section 83 of the Karnataka Land Reforms Act, 1961 ('the Act' for short) for violation of the -3- NC: 2024:KHC:1736 WP No. 1183 of 2024 provisions in Sections 79A and 79B of the Act. The petitioner No.1 had purchased the property from the previous owner and kathedar Sri.M.Tirumala Reddy under a registered sale deed dated 15.03.2007. It appears that the Tahsildar, Devanahalli Taluk brought to the notice of the Assistant Commissioner the violation of the provisions, in the year 2013. Proceedings were initiated by the Assistant Commissioner in LRF/SR(De)/73/2013-14 and finally the orders were passed on 31.08.2018 declaring that the sale transaction dated 15.03.2007 was in violation of the Sections 79A and 79B of the Act.
3. Learned counsel for the petitioners submits that the petitioner No.1 was not issued notice and he was not aware of the proceedings before the Assistant Commissioner. Therefore, in the interregnum, the lands in Sy.No.88/1 which originally had 2 acres and 10 guntas were sold in favour of two different persons after the same was shared between two brothers measuring 1 acre and 5 guntas each. The share that was purchased by -4- NC: 2024:KHC:1736 WP No. 1183 of 2024 Sri.M.Tirumala Reddy was reassigned Sy.No.88/4. The learned counsel would therefore, submit that the proceedings were initiated insofar as Sy.No.88/1 measuring 1 acre and 5 guntas which also did not take into consideration the re-number assigned to the lands. Be that as it may, petitioner No.1 approached the Deputy Commissioner and got the land converted from agricultural to non-agricultural residential purpose by order dated 16.09.2019. The petitioner No.1 thereafter sold the property in favour of the petitioner No.2 under a registered sale deed dated 03.12.2020. Nevertheless, since the order of the Assistant Commissioner passed on 31.08.2018 still remains on record, the parties have approached this Court seeking to set aside the impugned order.
4. In several other such matters, this Court upheld the contention of the petitioners that by virtue of the Karnataka Land Reforms (Second Amendment) Act, 2020, Karnataka Act No.56 of 2020, the Provisions in Sections -5- NC: 2024:KHC:1736 WP No. 1183 of 2024 79A, 79B and 79C were omitted. However, in terms of Section 12 of the Amending act all cases finally disposed of before the promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13/2020) shall remain unaffected by the ordinance. Further Section 12(2) provides that all cases pending before any Court, Tribunal or other authorities competent under the Provisions of the principal Act on the date of promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020 pertaining to Sections 79A, 79B and 79C shall stand abated. This Court therefore, came to a conclusion that even if orders were passed by the Assistant Commissioner forfeiting the lands to the Government, since the petitioners are contending that such orders were without notice or which can be termed as exparte orders, the grievance of such persons requires to be considered if the lands after forfeiture still remained with the State Government. It was directed that if the lands were not granted to third parties, then Sub Section 2 of Section 12 of the Amending Act will apply and all further -6- NC: 2024:KHC:1736 WP No. 1183 of 2024 proceedings shall be declared as abated by the Assistant Commissioner.
5. However, in the present case it is clear that the Deputy Commissioner has passed an order on 16.09.2019 converting the land in question from agriculture to non- agricultural purposes. Thereafter the land has been sold by the petitioner No.1 in favour of the petitioner No.2 under a registered sale deed dated 03.12.2020. It is therefore clear that it cannot be a situation where the lands have been sold to third party. In that view of the matter, all that remains to be done in the present case is to formally set aside the orders passed by the Assistant Commissioner.
6. Consequently, the writ petition is allowed. The impugned order dated 31.08.2018 passed by the respondent No.3-Assistant Commissioner, Doddaballapura Sub Division in proceedings bearing No.LRF/SR (De)/73/2013-14 in respect of Sy.No.88/1 of Akkkupete Village, Kasaba Hobli, Devanahalli Taluk is hereby quashed -7- NC: 2024:KHC:1736 WP No. 1183 of 2024 and set aside. As a consequence the entry made in the land records incorporating the word 'Government' in respect of the land in question is directed to be removed.
Ordered accordingly.
Sd/-
JUDGE NS CT:TSM List No.: 1 Sl No.: 11