N J Rudra Prakash vs The State Of Karnataka on 15 January, 2021

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Karnataka High Court

N J Rudra Prakash vs The State Of Karnataka on 15 January, 2021

Bench: P.B. Bajanthri

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 15TH DAY OF JANUARY, 2021

                           BEFORE

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

        WRIT PETITION NO.12692 OF 2020 (LR)

BETWEEN:

N.J. RUDRA PRAKASH,
S/O N R JAGADEESH,
AGED ABOUT 62 YEARS,
RESIDING AT BEHIND
HMT WATCH FACTORY,
B H ROAD, BATAWADI,
TUMKUR - 572 103.                        ... PETITIONER

(BY SRI. BASAVARAJ T., ADVOCATE)


AND:

1.     THE STATE OF KARNATAKA,
       BY PRINCIPAL REVENUE SECRETARY,
       DEPARTMENT OF REVENUE,
       M S BUILDING,
       AMBEDKAR VEEDHI,
       BENGALURU - 560 001.

2.     THE ASSISTANT COMMISSIONER,
       TUMKUR SUB - DIVISION,
       TUMKUR - 572 102.

3.     THE TAHSILDAR,
       TUMKUR TALUK,
       TUMKUR - 572 102.
                                         ... RESPONDENTS
(BY SRI.SRINIVASA GOWDA, AGA)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS FROM HON'BLE KARNATAKA APPELLATE TRIBUNAL,
BENGALURU IN APPEAL NO.476/2012 AND ALSO FROM THE
OFFICE OF 2ND RESPONDENT IN PROCEEDINGS NO.LRF.(79-A,
79-B) CR.234/2008-09; TO SET ASIDE THE IMPUGNED FINAL
ORDER DATED 19.12.2018 PASSED BY THE HONBLE KARNATAKA
APPELLATE   TRIBUNAL,   IN   APPEAL  NO.476/2012   VIDE
ANNEXURE-A TO THE WRIT PETITION AND CONSEQUENTLY TO
ALLOW THE SAID APPEAL I.E, APPEAL NO.476/2012 AS PRAYED
FOR AND WITH THE RESULT TO SET ASIDE PARTLY ERRONEOUS
FINAL ORDER DATED 28.03.2012 PASSED BY THE R-2 IN
PROCEEDINGS VIDE ANNEXURE-E HOLDING THE SALE DEED
DATED 30.01.2008 OF THE PETITIONER IN RESPECT OF THE
LAND IN QUESTION IS VALID.

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

                            ORDER

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

"a) Call for records from Hon'ble Karnataka Appellate Tribunal, Bengaluru in Appeal No.476/2012 and also from the office of 2nd respondent in proceedings No.LRF.(79-A, 79-B) CR.234/2008-09

b) To set aside the impugned final order dated 19.12.2018 passed by the Honble Karnataka Appellate Tribunal, in Appeal No.476/2012 (vide Annexure-'A' to the writ petition) and consequently 3 to allow the said appeal i.e., Appeal No.476/2012 as prayed for and with the result to set aside partly erroneous final order dated 28.03.2012 passed by the 2nd respondent in proceedings No.LRF.(79-A, 79- B) CR.234/2008-09 vide Annexure-E holding the sale deed dated 30.01.2008 of the petitioner in respect of the land in question is valid by issuing a writ of certiorari or any other writ or writ, order or orders declaration or declarations;

c) And to pass such other order or orders as this Hon'ble court deems fit to grant in the facts and circumstances of the case, to meet the ends of justice."

2. During the pendency of the present petition, State Government has issued Ordinance Nos.13 of 2020 and 23 of 2020 vide notifications dated 13.07.2020 and 02.11.2020 respectively, while deleting Sections 79A and 79B of the Karnataka Land Reforms Act, 1961. The same has been taken note of by this Court in W.P. No.41744/2019 decided on 10.12.2020.

3. In view of the aforesaid circumstances, the proceedings under Sections 79A and 79B of the Karnataka 4 Land Reforms Act, 1961 stands abated. Consequently, impugned order dated 19.12.2018 at Annexure-A passed by the Karnataka Appellate Tribunal in Appeal No.476/2012 and order dated 28.03.2012 at Annexure-E passed by respondent No.2-Assistant Commissioner in proceedings No.LRF (79-A, 79-B) CR.234/2008-09 are set-aside. Accordingly, the writ petition stands allowed.

Sd/-

JUDGE MBM

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