Sri. Prashanth Priya vs The State Of Karnataka on 16 January, 2021

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Karnataka High Court

Sri. Prashanth Priya vs The State Of Karnataka on 16 January, 2021

Bench: P.B. Bajanthri

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF JANUARY, 2021

                           BEFORE

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

        WRIT PETITION NO.33077/2016 (LR)

BETWEEN:

SRI. PRASHANTH PRIYA
AGED ABOUT 51 YEARS,
S/O BHAKTHAPRIYA.
NO.302, A BLOCK,
ROYAL RESIDENCY, BROWN ROAD,
BENGALURU - 560 025                           ... PETITIONER

(BY SRI. VIGNESHWARA U., ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA,
       DEPARTMENT OF REVENUE
       VIDHANA SOUDHA
       DR. AMBEDKAR VEEDHI
       BENGALURU - 560 001
       REPRESENTED BY ITS
       PRINCIPAL SECRETARY

2.     THE ASSISTANT COMMISSIONER,
       DODDABALLAPURA SUB DIVISION,
       DODDABALLAPURA,
       BENGALURU RURAL DISTRICT - 561 203

3.     THE THASILDAR
       DEVANAHALLI TALUK
       DEVANAHALLI
       BENGALURU RURAL DISTRICT - 562 110
                                            ... RESPONDENTS
(BY SRI. SANDESH KUMAR M., HCGP)
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      THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.
2.4.2016 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN
APPEAL NO.11/2010 (REVENUE) AT ANNEX-E TO THE W.P. AND REMIT
THE MATTER TO THE KAT FOR FRESH CONSIDERATION IN
ACCORDANCE WITH LAW AND ETC.,

      THIS PETITION COMING ON FOR PRELIMINARY HEARING - B
GROUP    PHYSICAL   HEARING/VIDEO   CONFERENCING     HEARING
(OPTIONAL), THIS DAY, THE COURT MADE THE FOLLOWING:-


                                  ORDER

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

a) Issue a writ in the nature of certiorari quashing the order dated 02.04.2016 passed by the Karnataka Appellate Tribunal in Appeal No.11/2010 (Revenue) at Annexure-E to the writ petition and remit the matter to the KAT for fresh consideration in accordance with law.

b) Issue a writ in the nature of certiorari quashing the order dated 30.5.2009 passed by the Assistant Commissioner, Doddaballapura Sub-Division, bearing No.LRF.SR.DEV3/2008-09 at Annexure-B to the Writ Petition.

c) Grant costs.

2. During the pendency of the present petition, State Government has issued ordinances bearing Nos.13 of 2020 and 3 23 of 2020 on 13.07.2020 and 02.11.2020 respectively while deleting Sections 79A and 79B of the Karnataka Land Reforms Act, 1961.

3. In terms of the aforesaid ordinances and in view of decision passed by a co-ordinate bench of this Court in W.P. No.41744/2019 (LR) decided on 10.12.2020 that the proceedings stood abated. Consequently, impugned orders dated 02.04.2016 passed by the Karnataka Appellate Tribunal in Appeal No.11/2010 (Revenue) at Annexure-E to the writ petition and dated 30.5.2009 passed by the Assistant Commissioner, Doddaballapura Sub-Division, bearing No.LRF.SR.DEV3/2008-09 at Annexure-B are set aside, writ petition stands allowed.

Sd/-

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