Sri N R Jagadeesh vs State Of Karnataka on 11 January, 2021

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Karnataka High Court

Sri N R Jagadeesh vs State Of Karnataka on 11 January, 2021

Bench: P.B. Bajanthri

                                1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 11TH DAY OF JANUARY, 2021

                          BEFORE

       THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

         WRIT PETITION NO.57850 OF 2018 (LR)

BETWEEN:

SRI. N R JAGADEESH,
S/O LATE N RUDRAIAH,
AGED ABOUT 85 YEARS,
AGRICULTURIST,
R/O # OPPOSITE HMT FACTORY,
B. H. ROAD, BATAVADI,
TUMKUR - 572 101.
                                            ... PETITIONER
(BY SRI. M.V. REVANASIDDAIAH, ADVOCATE)

AND:

1.     STATE OF KARNATAKA,
       BY ITS CHIEF SECRETARY,
       VIDHANA SOUDHA,
       AMBEDKAR VEEDHI,
       BENGALURU - 560 001.

2.     ASSISTANT COMMISSIONER,
       TUMKUR SUB DIVISION,
       TUMKUR CITY - 572 101.

3.     TAHASILDAR,
       TUMKUR TALUK,
       TUMKUR CITY - 572 101.
                                          ... RESPONDENTS

(BY SRI. SANDESH KUMAR M., HCGP)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE ENTIRE RECORDS OF THE PROCEEDINGS IN APPEAL
NO.475/2012 ON THE FILE OF THE R-2 KARNATAKA APPELLATE
TRIBUNAL, BENGALURU AND EXAMINE THE LEGALITY AND
CORRECTNESS OF THE IMPUGNED ORDER DATED 06.04.2018
VIDE ANNEXURE-A AND SET ASIDE THE SAME AS UNJUST AND
ILLEGAL AND ETC.,


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

                                 ORDER

In the instant petition, petitioner has prayed for the following reliefs:-

"a) wherefore pray the Hon'ble Court to call for the entire records of the proceedings in Appeal No.474/2012 on the file of the Karnataka Appellate Tribunal, Bengaluru and examine the legality and correctness of the impugned order dated 06-04-2018 passed under Annexure 'A' and set aside the same as unjust and illegal.

b) The petitioner further pray the Hon'ble Court to call for the entire records in the proceedings of the case No.LRF (79A - 79B) C R 183/2008 passed by the respondent No.2 the Assistant Commissioner, Tumkur and examine the legality and correctness of the impugned order dated 28-03-2012 passed under Annexure 'F' and set aside the same as unjust and illegal.

c) For grant of any other reliefs deemed fit to grant by the Hon'ble court and,

c) For costs etc.,"

2. Learned counsel for both the parties on instructions submitted that during the pendency of the present petition, State Government has issued Ordinance Nos.13 of 2020 and 23 of 2020 vide notifications dated 13.07.2020 and 02.11.2020 respectively, while deleting Sections 79A and 79B of the Karnataka Land Reforms Act, 1961. Consequently, proceedings are abated and impugned orders are set-aside.

3. In view of the aforesaid development, the present petition stands allowed.

Sd/-

JUDGE MBM

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