Karnataka High Court
Thimmappa vs The Assistant Commissioner on 21 September, 2021
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 21ST DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 108227/2018 (LR)
BETWEEN:
Thimmappa
Bin Chatragudi Hanumanthappa
Aged about 33 years, Agriculturist
R/o. M. Gonal Village
Ballari Tq. & Dist.
... Petitioner
(By Sri. B. Chidananda, Advocate)
AND:
1. The Assistant Commissioner
Ballari Sub-Division
Ballari 583 101
2. The Tahsildar
Ballari Taluk, Ballari 583 101.
... Respondents
(By Sri. Vinayak S. Kulkarni, AGA for R1 and R2)
This Writ Petition is filed under Articles 226 and 227 of the
Constitution of India praying to quash the impugned order dated
20.09.2018 made in Appeal No.848/2016 (Revenue) passed by
the Hon'ble Karnataka Appellate Tribunal, Bengaluru (vide
Annexure-E) and also order dated 17.07.2015 made in
Num:Bhusu:79A/B:51/2014-15, passed by the Assistant
Commissioner, Ballari Sub-Division, Ballari (vide Annexure-A)
and etc.
W.P.No.108227/2018
2
This petition coming on for Orders this day, the Court
made the following:
ORDER
The petitioner has filed the instant writ petition with a prayer to quash the impugned order dated 20.09.2018 made in Appeal No.848/2016 by the Karnataka Appellate Tribunal, Bengaluru, vide Annexure-E and also the order dated 17.07.2015 made in Num:Bhusu:79A/B:51/2014-15 by the Assistant Commissioner, Ballari vide Annexure-A, whereunder the Assistant Commissioner, exercising his powers under Section 83 of the Karnataka Land Reforms Act, 1961 ('the KLR Act', for short) has declared that the sale deed dated 03.03.2014, under which the petitioner had purchased the land bearing survey No.33/C/2 measuring 0-34 cents and Survey No.34A/2 measuring 01 acre 18 cents situated at Moka Gonal Village, was declared as null and void, for having violated Sections 79A and 79B of the Karnataka Land Reforms Act. W.P.No.108227/2018 3
2. Learned counsel for the petitioner submits that, having regard to the Karnataka Land Reforms (Amendment) Ordinance, 2020 ('The Ordinance, 2020', for short), Sections 79A, 79B and 79C of the Parent Act, stand omitted with effect from 01.03.1974 and having regard to Section 13(2) of the Ordinance, 2020, all proceedings for violation of Sections 79A, 79B and 79C stand abated.
3. This Court in W.P.No.147188/2020 in the case of Smt. Madhukanta Patadia & Ors. Vs. The State of Karnataka & Ors. disposed of on 16.07.2020, in identical matter has held that, having regard to the Karnataka Land Reforms (Amendment) Ordinance, 2020, Sections 79A, 79B and 79C stand omitted from the Parent Act with effect from 01.03.1974 and having regard to Section 13(2) of the said Ordinance, 2020, all pending proceedings for violation of Sections 79A, 79B and 79C of KLR Act stand abated. The said order W.P.No.108227/2018 4 passed by the Coordinate Bench of this Court is squarely applicable to the facts of the present case.
Accordingly, this petition is also disposed of in terms of the orders passed by this Court in W.P.No.147188/2020, disposed of on 16.07.2020.
The entire proceedings before the 1 s t respondent - Assistant Commissioner and the order impugned at Annexure-E stands abated having regard to Section 13(2) of the Ordinance, 2020 and resultantly, respondent No.2 is directed to restore the name of the petitioner in the revenue records of the land bearing Sy.No.33/C/2 measuring 0-34 cents and Survey No.34A/2 measuring 01 acre 18 cents situated at Moka Gonal Village, said to have been purchased by petitioners under the registered sale deed dated 03.03.2014, forthwith.
Sd/-
JUDGE g ab