Allowed

Sri a N Santhoshkumar v. State of Karnataka

Karnataka HC4 Aug 2022WP/7302/2022

Case brief

AI extract

What is this about?

Allowed the writ petition under Articles 226 and 227 of the Constitution, quashing the forfeiture order dated 31.10.2018. Remanded the matter to the Assistant Commissioner for fresh consideration following the precedent of W.P.No.7821/2021.

What did the court decide?

Quashing of the order dated 31.10.2018 and remitting the matter to the Assistant Commissioner for fresh consideration including consequences of the amendment Act.

Sri a N Santhoshkumar Vs State of Karnataka — Land Acquisition | Karnataka HC (2022)

¶1

¶2

WP No. 7302 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 04^TH DAY OF AUGUST, 2022

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 7302 OF 2022 (LR)

¶7

BETWEEN:

¶8

SRI A N SANTHOSHKUMAR S/O A.S.NARAYANAGOWDA AGED 38 YEARS, ALLALASANDRA, G.K.V.K. POST, BENGLAURU-560 064.

¶9

…PETITIONER

¶10

(BY SRI. MITHUN G A.,ADVOCATE)

¶11

AND:

¶12

STATE OF KARNATAKA REP BY ITS SECRETARY REVENUE DEPARTMENT, MS BUILDING, DR AMBEDKAR ROAD, BANGALORE-560 001

¶13

THE DEPUTY COMMISSIONER DODDABALLAPURA SUB DIVISION, DODDABALLAPUR-562 110.

¶14

Digitally signed by GURURAJ D Location: High Court of Karnataka

¶15

THE TAHSILDAR DODDABALLAPUR TALUK DODDABALLAPUR-561 203.

¶16

…RESPONDENTS

¶17

(BY SRI. SHESHU V., HCGP)

¶18

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 31.102018 IN CASE R1 & R2 TAHSILDAR TO RESTORE THE NAME OF PETITIONER BEING ABSOLUTE OWNER OF THE LAND IN SY.NO.27/2A MEASURING 2 ACRES 14 GUNTAS OF KOLIGERE VILLAGE, DODDABELAVANGALA HOBLI DODDABALLAPUR TALUK VIDE M.R.NO.43/2011-12 AND ETC.,

¶19

¶20

WP No. 7302 of 2022

¶21

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

¶22

ORDER

¶23

R. DEVDAS J., (ORAL):

¶24

Learned HCGP takes notice for all the respondents.

¶25

The petitioner is are aggrieved by the order dated 31.10.2018 passed by the Assistant Commissioner, Doddaballapura Sub-Division, Doddaballapura, under the provisions of Section 83 for violation of the provisions in Sections 79-A and 79-B of the Karnataka Land Reforms Act, 1961.

¶26

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 petitioners. 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.

¶27

¶28

WP No. 7302 of 2022

¶29

Learned HCGP 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.

¶30

It is the contention of the learned HCGP 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.

¶31

Having considered the submission of the learned Counsels and on perusing the judgment of the co-ordinate

¶32

¶33

WP No. 7302 of 2022

¶34

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.

¶35

Consequently, the writ petition is allowed . The impugned order dated 31.10.2018 passed in case No.L.R.F.SR(zÉÆ) 91/2014-15 is hereby quashed and set aside. The matter is remitted back to the respondentAssistant Commissioner to consider the case of the petitioners 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.

¶36

The petitioner shall appear before the respondentAssistant Commissioner on 19^th August 2022, without waiting for further notice from the Assistant Commissioner.

¶37

Ordered accordingly.

¶38

¶39

WP No. 7302 of 2022

¶40

Learned HCGP is permitted to file Memo of Appearance

¶41

within a period of four weeks from today.

¶42

Sd/JUDGE

¶43