Karnataka High Court
S R Chandrashekar vs State Of Karnataka on 10 January, 2024
Author: R. Devdas
Bench: R. Devdas
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NC: 2024:KHC:1218
WP No. 18931 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE R. DEVDAS
WRIT PETITION NO.18931 OF 2023 (LR)
BETWEEN:
S.R. CHANDRASHEKAR
S/O RANGASWAMAIAH
AGED ABOUT 47 YEARS,
R/AT SONDEKUPPA,
DASANAPURA HOBLI,
BENGALURU NORTH TALUK - 562 123.
...PETITIONER
(BY SRI. SUNEEL S. NARAYAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. DISTRICT COMMISSIONER
Digitally signed by
BENGALURU RURAL,
JUANITA BEERASANDRA VILLAGE,
THEJESWINI
DEVANAHALLI TALUK
Location: HIGH
COURT OF BENGALURU RURAL- 562 110.
KARNATAKA
3. ASSISTANT COMMISSIONER
DODDABALLAPUR SUB-DIVISION,
DODDABALLAPUR TALUK,
BENGALURU RURAL - 562 032.
4. THASILDAR
OFFICE OF THE THASILDAR,
DODDABALLAPUR TALUK,
BEEENGALURU RURAL - 562 032.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
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NC: 2024:KHC:1218
WP No. 18931 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH/SET ASIDE THE ORDER DATED 22ND MARCH, 2019
PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN APPEAL
NO.783/2013 CONFIRMING THE ORDER DATED 16TH MARCH,
2009 PASSED BY THE ASSISTANT COMMISSIONER I.E.,
RESPONDENT NO.3 IN LRF.SR(DB)368/2007-08 VIDE
ANNEXURES 'F' AND 'E' RESPECTIVELY; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioner is aggrieved by the order of forfeiture dated 16th March, 2009 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 Sections 79A and 79B of the Act. the petitioner is also aggrieved by the subsequent order of the Karnataka Appellate Tribunal in Appeal No.783/2013 dated 22nd March, 2019.
2. The learned counsel for the petitioner draws the attention of this Court to the Karnataka Land Reforms -3- NC: 2024:KHC:1218 WP No. 18931 of 2023 (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 of 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, 2020 (Karnataka Ordinance 13 of 2020) pertaining to Sections 79A, 79B and 79C shall stand abated.
3. Admittedly, as on the date of ordinance, no appeal or any proceedings were pending either before the Tribunal or before this Court. Nevertheless, learned counsel for the petitioner submits that in many of such writ petitions, this Court, took note of the savings provision contained in Sub-Section (2) of Section 12 of the Amending Act and held that if the Assistant Commissioner -4- NC: 2024:KHC:1218 WP No. 18931 of 2023 has granted the land to third parties after the order of confiscation was passed, then Sub-Section (1) of Section 12 of the Amending Act will apply to say that the proceedings had reached finality. On the other hand, if the land has remained without being granted to any other party, then Sub-Section (2) of Section 12 of the Amending Act will apply and all further proceedings shall be declared as abated by the Assistant Commissioner. Accordingly, the learned counsel prays for the similar order.
4. Consequently, this Court proceeds to pass the following:
ORDER
(i) Writ petition stands disposed of;
(i) The impugned orders dated 22nd March, 2019 passed by the Karnataka Appellate Tribunal, Bengaluru in Appeal No.783/2013 and order dated 16th March, 2009 passed by the respondent-Assistant Commissioner in case No.LRF:SR(DB):368/2007-08 are hereby quashed and set-aside;-5-
NC: 2024:KHC:1218 WP No. 18931 of 2023
(ii) The matter is remitted back to the respondent-Assistant Commissioner to consider the case of the petitioner including the consequences of the subsequent amendment brought to the provisions of Sections 79-A and 79-B of the Karnataka Land Reforms Act in Karnataka Amendment No.56 of 2020;
(iii) The petitioner shall appear before the respondent-Assistant Commissioner on 06th February, 2024, without waiting for further notice from the Assistant Commissioner;
(iv) If revenue entries have been altered pursuant to the impugned order dated 16th March, 2009, the same shall be restored in favour of the petitioner.
Ordered accordingly.
Sd/-
JUDGE ARK