Allowed

Sri Sathish Hegde v. the State of Karnataka

Karnataka HC23 Aug 2022WP/4506/2021

Case brief

AI extract

What is this about?

High Court of Karnataka allowed the writ petition challenging the order of forfeiture of excess land. The court quashed the Assistant Commissioner's order and the Tribunal's appeal decision. It remanded the matter for fresh consideration incorporating the 2020 amendment and requiring the Assistant Commissioner to ascertain if the land was subsequently granted to third parties.

What did the court decide?

Impugned orders of forfeiture and tribunal appeal set aside; matter remanded to Assistant Commissioner for fresh consideration including consequential amendment effects.

Sri Sathish Hegde Vs the State of Karnataka — Labour and Industrial Disputes | Karnataka HC (2022)

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WP No. 4506 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF AUGUST, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 4506 OF 2021 (LR)

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BETWEEN:

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SRI SATHISH HEGDE S/O T G RAMANNA AGED ABOUT 61 YEARS R/AT NO.G-8 PALACE ORCHID APARTMENT BENGALURU-560 080

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…PETITIONER

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(BY SRI. SHIVASHANKAR K., ADVOCATE)

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING

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DR AMBEDKAR VEEDHI

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BENGALURU-560 001

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THE TAHSILDAR BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT-561 206

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THE ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB DIVISION CHIKKABALLAPURA-562 101

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SRI N SRINIVAS S/O NARAYANAPPA AGED ABOUT 48 YERAS R/AT VIBHUTHIPURA VILLAGE LEPAKSHI MANDAL

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WP No. 4506 of 2021

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HINDUPURA TALUK ANANTHAPURA DISTRICT-515201 ANDHRA PRADESH

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…RESPONDENTS

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(BY SRI. SESHU.V, HCGP FOR R1 TO R3 V/O DATED 05.03.2021 NOTICE TO R4 IS DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE KARNATAKA APPELLATE TRIBUNAL BENGALURU DTD. 27.2.2018 PASSED IN APPEAL NO.718/2016 VIDE ANNEXURE-D AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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R.DEVDAS J., (ORAL):

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The petitioner is aggrieved by the order of forfeiture

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dated 02.12.2015 passed by the Assistant Commissioner, Chikkaballapura Sub-Division, Chikkaballapura 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 27.02.2018 passed by the Karnataka Appellate Tribunal, in Appeal No.718/2016.

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WP No. 4506 of 2021

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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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Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no proceedings were pending before any court/authority.

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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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It is the contention of the learned High Court Government Pleader that even as per the materials

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WP No. 4506 of 2021

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available on record, after forfeiture, the excess lands have been granted by the State Government to third parties.

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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 subsection(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.

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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 coordinate bench should also enure to the petitioner herein.

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Consequently, the writ petition is allowed . The impugned order dated 27.02.2018 passed by the

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WP No. 4506 of 2021

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Karnataka Appellate Tribunal in Appeal No.718/2016 and the order dated 02.12.2015 passed in case No.L.R.F.79AB/CR/130/2007-08, are hereby quashed and set aside. The matter is remanded back to the respondentAssistant 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 respondentAssistant Commissioner on 19^th September 2022, without waiting for further notice from the Assistant

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Commissioner.

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Ordered accordingly.

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