Karnataka High Court
The State Of Karnataka vs Sri Dhansuk Shivagana Patel on 6 June, 2023
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NC: 2023:KHC:19135
WP No. 18480 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO.18480 OF 2022 (LR)
BETWEEN:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
REVENUE DEPARTMENT,
M.S. BUILDING,
BENGALURU-560 001.
2. THE ASSISTANT COMMISSIONER
SIRSI SUB DIVISION,
SIRSI TOWN, SIRSI,
UTTARA KANNADA DISTRICT-581 401.
3. THE TAHSILDAR
SIRSI TALUK, SIRSI,
UTTARA KANNADA DISTRICT-581 401.
...PETITIONERS
(BY SRI. VIJAY KUMAR DESAI, AGA)
Digitally signed
by V
MANJUSHA BAI
AND:
Location: High
Court of
Karnataka 1. SRI DHANSUK SHIVAGANA PATEL
AGED ABOUT 46 YEARS,
OCCUPATION:AGRICULTURIST,
RESIDING AT SBI COLONY,
SIRSI TOWN, SIRSI TALUK,
UTTARA KANNADA DISTRICT-581 301.
...RESPONDENT
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF
CERTIORARI TO QUASH THE ORDER DATED 29.11.2021
PASSED BY THE SINGLE MEMBER BENCH OF THE KARNATAKA
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NC: 2023:KHC:19135
WP No. 18480 of 2022
APPELLATE TRIBUNAL IN APPEAL NO.899/2017, IN THE
INTEREST OF JUSTICE AND EQUITY VIDE ANNEXURE-A AND
ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The writ petition is filed against the order dated 29.11.2021 passed in Appeal No.899/2017 by the Karnataka Appellate Tribunal against the respondent - State therein.
2. By virtue of the impugned order, the Karnataka Appellate Tribunal has set aside the proceedings initiated by the respondent herein against purchase of certain lands in violation of Section 79B of the Karnataka Land Reforms Act, 1961 (for short 'the Act') in the light of the amendment to the said enactment wherein the provisions of Section 79B of the Act has been repealed with effect from 01.03.1974 and also because of the amendment of the provision, the cases pending on the date of publication of the Act pertaining to Section 79B shall stand abated.
3. The present writ petition is filed on the ground that the respondent herein preferred an appeal before the Karnataka Appellate Tribunal after a lapse of about 5 years 10 -3- NC: 2023:KHC:19135 WP No. 18480 of 2022 months from the date of the order of the Assistant Commissioner challenging the resumption of the land under the provisions of Section 79B of the Act. The Karnataka Appellate Tribunal while condoning the delay has assigned reasons as to why it has been condoned. It has clearly stated that the certified copy of the order passed by the Assistant Commissioner was not furnished to the respondent herein and the respondent, after a lot of efforts was able to procure the same. The learned AGA is not able to show how the said reasoning of the Karnataka Appellate Tribunal is erroneous in law.
4. Under the said circumstances, the writ petition is hereby dismissed.
SD/-
JUDGE VMB List No.: 1 Sl No.: 23