Karnataka High Court
Sri. Ashok vs State Of Karnataka on 8 September, 2022
Author: R Devdas
Bench: R Devdas
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WP No. 7583 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 7583 OF 2020 (LR)
BETWEEN:
SRI. ASHOK
S/O. SHANKAR RAO KOTE,
AGED ABOUT 40 YEARS,
PLOT NO.22, KOTENAGAR,
Digitally signed by
JUANITA THEJESWINI
KOLAR (K), BIDAR TALUK,
Location: HIGH BIDAR - 585 403.
COURT OF
KARNATAKA
...PETITIONER
(BY SRI. VIVEK HOLLA AND M/S. HOLLA
AND HOLLA, ADVOCATES)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. THE ASSISTANT COMMISSIONER
NANDI COLONY,
BIDAR - 585 401.
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WP No. 7583 of 2020
3. THE TAHSHILDAR
AMBEDKAR CIRCLE,
BIDAR TALUK,
BIDAR - 585 401.
...RESPONDENTS
(BY SRI. SESHU V., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 09.08.2019 PASSED BY THE
KARNATAKA APPELLATE TRIBUNAL, BANGALORE IN
REVIEW PETITION NO.10/2017 (ANNEXURE-J), ORDER
DATED 31.03.2017 PASSED BY THE KARNATAKA
APPELLATE TRIBUNAL, BANGALORE, IN APPEAL
NO.626/2015 ANNEXURE-F AND THE ORDER DATED
29.01.2015 PASSED BY THE ASSISTANT COMMISSIONER,
BIDAR, THE R-2 HEREIN AT ANNEXURE-C AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioner is aggrieved by the order of forfeiture dated 29.01.2015 passed by the respondent-Assistant Commissioner invoking the provisions of Section 83 of the Karnataka Land Reforms Act, 1961 for violation of the provisions contained in Section 79A and 79B of the Act. -3- WP No. 7583 of 2020 The petitioner is also aggrieved by the subsequent orders of the Karnataka Appellate Tribunal passed in Appeal No.626/2015 dated 31.03.2017 and in Review Petition No.10/2017 dated 09.08.2019.
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 Section 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, -4- WP No. 7583 of 2020 2020 (Karnataka Ordinance 13 of 2020) pertaining to Section 79A, 79B and 79C shall stand abated.
3. Admittedly, as on the date of Ordinance, the writ petition filed by the petitioner was 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 29.01.2015 passed by the respondent-Assistant Commissioner and the orders passed by the Karnataka Appellate Tribunal in Appeal No.626/2015 dated -5- WP No. 7583 of 2020 31.03.2017 and in Review Petition No.10/2017 dated 09.08.2019 are hereby quashed and set aside.
(ii) The proceedings bearing No:-Rev/ LRM/CR-04/2013-14 is hereby declared as having abated.
Ordered accordingly.
Sd/-
JUDGE DL