Karnataka High Court
Smt.Madhukanta Patadia W/O Late ... vs The State Of Karnataka on 16 July, 2020
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16th DAY OF JULY 2020
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
W.P.No.147188/2020 (KLR-RES)
BETWEEN:
1. SMT.MADHUKANTA PATADIA W/O LATE HARAJEEVANDAS
PATADIA,
AGED ABOUT: 87 YEARS,
OCC: AGRICULTURE,
R/O: ADARSH NAGAR,
HUBBALLI,
2. RAJU PATADIA
S/O LATE HARAJEEVANDAS PATADIA,
AGED ABOUT: 54 YEARS,
OCC: AGRICULTURE & BUSINESS,
R/O: ADARSH NAGAR,
HUBBALLI,
3. MUKESH PATADIA
S/O LATE HARAJEEVANDAS PATADIA,
AGED ABOUT: 58 YEARS,
OCC: AGRICULTURE & BUSINESS,
R/O: ADARSH NAGAR,
HUBBALLI,
DIST: HUBBALLI
4. NAVEENCHAND PATADIA
S/O LATE HARAJEEVANDAS PATADIA,
AGED ABOUT: 65 YEARS,
OCC: AGRICULTURE & BUSINESS,
R/O: ADARSH NAGAR,
HUBBALLI,
DIST:DHARWAD.
.. PETITIONERS
2
(BY SRI.GANGADHAR J.M. & SRI.PAVEEN P.TARIKAR, ADVS.)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU-560001.
2. THE ASSISTANT COMMISSIONER
DHARWAD DIVISION,
OFFICE OF THE ASSISTANT COMMISSIONER,
DHARWAD-580001.
3. THE TAHASILDAR
DHARWAD,
OFFICE OF THE TAHASILDAR,
DHARWAD-580001.
4. THE TAHASILDAR
HUBBALLI,
OFFICE OF THE TAHASILDAR,
HUBBALLI-580009.
.. RESPONDENTS
(BY SRI.VINAYAK S.KULKARNI, AGA FOR R1 TO R4)
THIS PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO;
A.ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI QUASHING THE ORDER DATED 23.10.2019 BEARING
NO.KLR/79AB/ CR/6/29/2012-13 ISSUED BY THE 2ND RESPONDENT
(ANNEXURE-A).
B.DECLARES THAT, THE SECTION 79-A OF THE KARNATAKA LAND
REFORMS ACT, 1961 IS UNCONSTITUTIONAL.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
Learned Additional Government Advocate is directed to take notice for respondent Nos.1 to 4.
The captioned writ petition is filed seeking writ of certiorari to quash the order dated 23.10.2019 bearing No.KLR/79AB/CR/6/29/2012-13 issued by respondent No.2 as per Annexure-A.
2. The respondents have initiated proceedings against the petitioners herein under Sections 79A and 79B of the Karnataka Land Reform Act, 1961 (for short 'the Act'). The entire proceedings are based on a complaint that petitioners have not disclosed their income. Hence, proceedings are initiated under Sections 79A and 79B of the Act. The order under challenge is passed on 23.10.2019.
3. The Karnataka Land Reforms (Amendment) Ordinance, 2020 has come into force with effect from 4 13.07.2020. Section 2 of the Karnataka Land Reforms (Amendment) Ordinance, 2020 reads as follows:
"(2) Sections 3, 4, 5, 6, 7 and 11 shall be deemed to have been come into force with effect from the 1st day of March 1974 and remaining provisions shall come into force at once."
4. Further, the Ordinance has also brought in amendment to Section 79A, 79B and 79C to the principle Act, which reads as follows:
"5. Omission of sections 79A.- In the Principal Act, section 79A shall be omitted.
6. Omission of sections 79B.- In the Principal Act, section 79B shall be omitted.
Omission of sections 79C.- In the Principal Act, section 79C shall be omitted."
5. Section 13 of the Ordinance is also culled out for better understanding:
"13. Savings.- (1) Notwithstanding the omission of sections 79A, 79B and 79C with effect from 1st day of March 1974, the cases already 5 disposed of before the publication of the Karnataka Land Reforms (Amendment) Ordinance, 2020 shall not in any way be affected.
(2) All cases pending on the date of publication of this Act pertaining to sections 79A, 79B and 79C and consequential thereof shall stand abated."
6. On perusal of sections 5, 6 and 7 of Karnataka Land Reforms (Amendment) Ordinance, 2020, the provisions of Section 79A, 79B and 79C in the Principal Act stand omitted. If these sections referred at 5, 6 and 7 of Karnataka Land Reforms (Amendment) Ordinance, 2020 are read conjointly with section 2, it is clearly evident that amended provisions are retrospective in nature, since Section 2 expressly provides and contemplates that provisions of Sections 79A, 79B and 79C, which stand omitted by the Karnataka Land Reforms (Amendment) Ordinance, 2020 shall be deemed to have been come into force with effect from 01.03.1974.
7. The present writ petition is filed on 10.07.2020 challenging the impugned order dated 23.10.2019 passed 6 by respondent No.2 as per Annexure-A wherein respondent No.2 on enquiry under Section 79A and 79B has passed an order under Section 83 of the Karnataka Land Reforms act, 1961 by holding that transactions are in contravention of Section 79A and 79B of the Karnataka Land Reforms Act, 1961 and accordingly has ordered for forfeiture of petition lands by way of penalty and ordered to vests in the State Government.
8. The State by way of Karnataka Land Reforms (Amendment) Ordinance, 2020 has omitted Sections 79A, 79B and 79C from the Principal Act with effect from 01.03.1974 and as such, the forfeiture order passed by respondent No.2 as per Annexure-A stands abated as per Section 13(2) of Karnataka Land Reforms (Amendment) Ordinance, 2020.
9. Since the proceedings under Sections 79A and 79B have not attained finality, Section 13(2) of Karnataka 7 Land Reforms (Amendment) Ordinance, 2020 is applicable to the present case on hand.
10. Accordingly, the writ petition is disposed of by holding that proceedings initiated by respondent No.2 ordering for forfeiture of petition lands and consequent vesting stands abated.
Sd/-
JUDGE MBS/-