LAWS(KAR)-2022-7-711

ELIZABETH KURIEN Vs. STATE OF KARNATAKA

Decided On July 11, 2022
Elizabeth Kurien Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) An order of forfeiture is called in question in this writ petition.

(2.) On an allegation that the petitioner had purchased the land bearing Sy.No.147 measuring 4 acres, 146/1 measuring 2 acres and 146/2 measuring 2 acres in contravention of Ss. 79A and 179B of the Land Reforms Act (for short 'the Act'), proceedings were initiated and an order of forfeiture was passed, as against which an appeal was filed and the said appeal was allowed and the Assistant Commissioner was directed to consider the matter afresh and pass an order after hearing the petitioner.

(3.) On remand, the Assistant Commissioner has taken note of the fact that the petitioner did produce a certificate from the Kottayam Taluk Tahsildar, but the said certificate did not disclose the source of income and therefore, could not be accepted. It is also stated that the petitioner had not produced Income Tax Returns of her husband and children for the preceding five years and therefore, it was clear that there was a contravention of Ss. 79A and 79B of the Act.