Smt B K Sowmyakumar vs State Of Karnataka on 11 February, 2022

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Karnataka High Court

Smt B K Sowmyakumar vs State Of Karnataka on 11 February, 2022

Bench: R Devdas

                          -1-


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 11TH DAY OF FEBRUARY, 2022

                       BEFORE

         THE HON' BLE MR.JUSTICE R DEVDAS

      WRIT PETITION NO.11050 OF 2021 (LR)

BETWEEN

SMT. B. K. SOWMYAKUMAR,
W/O R. KUMARSWAMY,
AGED ABOUT 43 YEARS,
OCCUPATION: AGRICULTURIST,
VIVEKANANDANAGAR, B.M.ROAD,
RAMANAGAR TOWN - 562 159.
                                     ... PETITIONER
(BY SRI. MAHADEVA SWAMY P., ADVOCATE)

AND

1.     STATE OF KARNATAKA,
       DEPARTMENT OF REVENUE,
       VIKASA SOUDA, AMBEDKAR VEEDI,
       BANGALORE - 560 001.
       REP. BY SECRETARY.

2.     THE ASST. COMMISSIONER,
       KOLLEGALA SUB-DIVISION,
       KOLLEGALA - 571 313.

3.     THE TAHASILDAR,
       KOLLAGALA TALUK,
       KOLLAGALA - 571 313.
                                       ...RESPONDENTS
(BY SRI. A. R. SRINIVAS, AGA)
                          -2-


     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER PASSED BY THE R-2 IN L.R.F.
NO.25/2012-13 DATED 16.12.2014 VIDE ANNEXURE-D
WHICH WAS CONFIRMED BY THE ORDER DATED
11.10.2019 PASSED BY THE KARNATAKA APPELLATE
TRIBUNAL IN APPEAL NO.705/2017 VIDE ANNEXURE-E
AND DROP THE PROCEEDINGS INITIATED BY THE R-2
UNDER SECTION 79A AND B OF THE KARNATAKA LAND
REFORMS ACT 1961, BY ALLOWING THE ABOVE W.P.

     THIS WRIT PETITION IS COMING ON FOR
PRELIMINARY HEARING 'B' GROUP, THIS DAY, THE COURT
MADE THE FOLLOWING:

                       ORDER

R.DEVDAS J., (ORAL):

The petitioner is aggrieved by the order of forfeiture passed by the 2nd respondent - Assistant Commissioner invoking the provisions of Section 83 of the Karnataka Land Reforms Act, 1961 for violation of the provisions contained in Sections 79A and 79B of the Act. The petitioner is also aggrieved by the subsequent order of the Karnataka Appellate Tribunal in Appeal No.705/2017 dated 11.10.2019. -3-

2. The learned counsel for the petitioner draws the attention of this Court to the Karnataka Land Reforms (Second Amendment) Act, 2020, Karnataka Act No.56 of 2020, whereby the provisions of Sections 79A, 79B and 79C have been omitted. Moreover, as per Section 12 of the Amending Act, all cases finally disposed off before the promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020) shall remain unaffected by the Ordinance. Section 12 (2) provides that all cases pending before any Court, Tribunal or other authority competent under the provisions of the Principal Act on the date of promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020) pertaining to Sections 79A, 79B and 79C shall stand abated.

3. Admittedly, as on the date of Ordinance, the proceedings initiated by the petitioner herein was -4- pending before this Court. Sub-section (2) of Section 12 of the Amending Act clearly provides that if the proceedings are pending before any Court, Tribunal or any authority competent under the provisions of the Principal Act as on the date of the promulgation of the Ordinance, 2020, such proceedings shall stand abated.

4. For the reasons stated above, this Court proceeds to pass the following :ORDER:

     (i)     The       impugned        order         dated

             16.12.2014          passed        by      the

             2nd         respondent            -Assistant

Commissioner and the order dated 11.10.2019 passed by Karnataka Appellate Tribunal in Appeal No.705/2017 are hereby quashed and set aside.

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(ii) The proceedings in LRF:25/2012- 2013 is hereby declared as having abated.

Ordered accordingly.

Sd/-

JUDGE DL

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