Karnataka High Court
Siddappa S/O Ningapalndi vs The State Of Karnataka And Ors on 21 February, 2023
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WP No. 200503 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 200503 OF 2023 (LR-)
BETWEEN:
SIDDAPPA S/O NINGAPPA INDI,
AGED ABOUT 57 YEARS,
R/O KAKANDAKI VILLAGE,
BABALESHWAR HOBLI,
BABLESHWAR TALUK,
VIJAYAPURA DIST.-586113.
...PETITIONER
(BY SRI YATNAL P. G., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
Digitally signed R/BY PRINCIPAL SECRETARY,
by SACHIN VIDHAN SOUDHA,
Location: High BANGALORE-560001.
Court of
Karnataka 2. THE DEPUTY COMMISSIONER,
OF VIJAYAPURA,
VIJAYAPURA-586101.
3. THE ASSISTANT COMMISSIONER,
OF THE VIJAYAPURA, SUB DIVISION,
AT VIJAYAPURA-586101.
4. THE TAHSILDAR, BABALESHWAR,
(EARLIER VIJAYAPURA TAHAISILDAR),
AT BABLEWSHWAR,
VIJAYAPURA DIST : 586101.
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WP No. 200503 of 2023
5. THE REVENUE INSPECTOR,
BABALESHWAR, BABALESHWAR TALUK,
VIJAYAPUR-586113.
...RESPONDENTS
(BY SRI VIRANAGOUDA MALIPATIL, HCGP)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER
DATED 10.08.2018 VIDE NO BHOOSU.79A/B:CR-07:2015-16
PASSED BY THE 3RD RESPONDENT AND PRODUCED AS
ANNEXURE-C AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned High Court Government Pleader accepts notice on behalf of respondents.
2. The petitioner in this case is questioning the order dated 10.08.2018 passed by third respondent - Assistant Commissioner wherein the land of the petitioner bearing Sy.No.29/1 measuring 13 acres is confiscated on the ground that the petitioner has violated the provision of Sections 79A and 79B of the Karnataka Land Reforms Act. -3- WP No. 200503 of 2023
3. Learned counsel for the petitioner submits that in terms of the Act 56 of 2020, Sections 79A and 79B of the Karnataka Land Reforms Act is omitted. The Co-ordinate Bench of this Court interpreted the consequence of omission of Sections 79A and 79B of the Karnataka Land Reforms Act and has held that the transactions which have taken place prior to the Amendment Act of 2020 are not hit by Section 79A and Section 79B of the Karnataka Land Reforms Act in view of the omission of Sections 79A and 79B of the Karnataka Land Reforms Act.
4. Learned High Court Government Pleader appearing for the respondents has not disputed the proposition of law laid down in the case of Smt.Madhukanta Patadia and others vs. The State of Karnataka and others in W.P.No.147188/2020 dated 16.07.2020.
5. Accordingly the writ petition is allowed. The impugned order dated 10.08.2018 at Annexure-C is quashed. The respondents No.2 and 3 are directed to enter the name of the petitioner in the property records covered by the registered -4- WP No. 200503 of 2023 sale-deed dated 18.01.2013 registered at deed No.BIJ-1- 00542/2013-14 before the Sub-Registrar, Vijayapur.
6. It is also made clear that the above sale-deed is not hit either by Section 79A or Section 79B of the Karnataka Land Reforms Act, in view of the amendment brought to the Act, in the year 2020.
Sd/-
JUDGE SN LIST NO.: 1 SL NO.: 8