Chikkabasava Vs State of Karnataka

IMPUGNED ORDER DTD. 17.03.2020 PASSED BY THE R-2 IN L.R.F.NO. 307/2016-2017 VIDE ANNEXURE-C TO THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE R DEVDAS

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ORAL ORDER

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Learned Additional Government Advocate takes notice for all the respondents.

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The petitioner is aggrieved of the impugned order dated 17.03.2020 passed by the Assistant Commissioner, Mandya Sub-Division, in proceedings bearing No.L.R.F.No.307/2016-17, which was initiated by the Tahsildar invoking Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 (for short, 'the Act'). As seen from the impugned order, earlier the appeal was allowed by order dated 23.05.2017, directing restoration of lands in favour of the Government. The petitioner approached the Karnataka Appellate Tribunal in Appeal No.1186/2017 and the Tribunal allowed the appeal on

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29.04.2019 while remanding the matter back to the Assistant Commissioner for fresh consideration. On remand, the Assistant Commissioner has considered the matter once again and has passed the impugned order holding that the petitioner has violated the provisions of Sections 79A and 79B of the Act while purchasing the agricultural lands under a registered sale deed dated 22.09.2016.

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This Court had several occasions to consider

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such cases, where writ petitions are filed long after the provisions contained in Sections 79A, 79B and 79C were omitted from the statute book in terms of the Karnataka Land Reforms (Second Amendment) Act, 2020. It is the consistent opinion of this Court that if at any rate, the Assistant Commissioner, after forfeiting the land has not disposed of the same in accordance with law then the benefit of the saving clause contained in Section 12 of the Amending Act is required to be given to such petitioners. The Assistant Commissioner is therefore, required to

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ascertain, whether the declared excess lands or 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.

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For the reasons stated above, this Court proceeds

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to pass the following;

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: O R D E R :

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(i) The writ petition is disposed of.

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(ii) The matter is remitted 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 79A and 79B of the Karnataka Land

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HC-KAR

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Reforms Act in Karnataka Amendment No.56 of 2020.

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(iii) The petitioner shall appear before the respondent-Assistant Commissioner on 28.08.2025 without waiting for further notice from the Assistant Commissioner.

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