Karnataka High Court
Sri Shanmukha vs The Assistant Commissioner on 11 November, 2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE R.NATARAJ
WRIT PETITION NO.19730/2021 (LR)
BETWEEN
SRI.SHANMUKHA
S/O LATE PATTABHI SHETTY
AGED ABOUT 37 YEARS
R/AT JANATHA STREET
HOLENARASIPURA TALUK
HALLI MYSORE
HASSAN - 573210
... PETITIONER
[BY SRI.ROOPESHA B, ADVOCATE]
AND
1. THE ASSISTANT COMMISSIONER
KOLLEGAL SUB DIVISION
CHAMARAJANAGAR DISTRICT - 571440
2. THE TAHSILDAR
CHAMARAJANAGAR TALUK
CHAMARAJANAGAR DISTRICT - 571313
... RESPONDENTS
(BY SRI.R.SRINIVAS GOWDA, AGA)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO CALL FOR THE RECORDS RELATING TO THE ORDER
PASSED BY THE R.1 IN CASE VIDE ANNEXURE-F AND
ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed challenging the Order dated 17.03.2020 passed by the 1st respondent under Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 (for short, 'the Act of 1961') forfeiting the land bearing Sy. No.40/15 of Boodhithittu Village, Kasaba Hobli, Chamarajanagar Taluk, Chamarajanagar District, measuring 0.10.08 guntas.
2. The petitioner has stated that the Karnataka Appellate Tribunal has issued an official memorandum dated 11.09.2020 stating that in view of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no appeal can be filed against an order passed under Sections 79A, 3 79B and 79C of the Act of 1961 and therefore, refused to entertain the appeal against the said order.
3. An order passed by respondent No.1 under Sections 79A and 79B of the Act of 1961, is appealable under Section 118 of the Act of 1961. As long as an appeal is provided as aforesaid, the Tribunal cannot issue any circular/memorandum refusing to entertain the appeal. The Tribunal cannot shirk its responsibility in refusing to entertain the appeal on the ground that Section 79A and 79B have been deleted from the date of its coming into force.
4. It is for the Tribunal to verify whether the petitioner is entitled to claim that the proceedings under Section 79A and 79B had abated or not.
In that view of the matter, this Writ Petition is disposed off directing the petitioner to file necessary appeal before the Tribunal. If such an appeal is filed, the Tribunal shall consider the case in accordance with law and 4 pass appropriate orders. The time consumed in pursuing this writ petition shall be set-off while calculating the limitation.
Sd/-
JUDGE NBM