Karnataka High Court
Sri Gopal S/O Ramarao Kulkarni vs The Assisrant Commissioner on 8 February, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC-D:2838
WP No. 105611 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 08TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 105611 OF 2023 (KLR-RES)
BETWEEN:
SRI GOPAL S/O RAMARAO KULKARNI
AGE: 60 YEARS,
OCC: AGRICULTURE AND SERVICE,
R/O NO. 5, GANGA R.M.P. COLONY
KUVEMPU NAGAR, MYSORE-23
...PETITIONER
(BY SRI ROHIT S. PATIL, ADVOCATE)
AND:
1. THE ASSISRANT COMMISSIONER,
REVENUE SUB-DIVISION, BAGALKOT.
2. THE STATE OF KARNATAKA,
REPRESENTED BY DEPUTY COMMISSIONER
BAGALKOT.
...RESPONDENTS
KM (BY SRI V.S.KALASURMATH, HCGP.)
SOMASHEKAR
Digitally signed by THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
K M SOMASHEKAR
Date: 2024.02.21
05:55:47 +0530 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI TO QUASH THE ORDER PASSED BY ASSISTANT
COMMISSIONER, BAGALKOT, BEARING NO.KLR/79/A&B/CR/19/2015-
16 DATED 30/07/2015 IN THE ENDS OF JUSTICE, VIDE
ANNEXURE-A, AND ETC.,.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:2838
WP No. 105611 of 2023
ORDER
The petitioner claims to have purchased land bearing R.S.No.288/1 measuring 04 acres 36 guntas, situated at Bevur village in Bagalkote taluk, under a registered sale deed dated 18.11.2013. Respondent No.1 stating that the subject land was purchased by the petitioner in violation of section 79A and 79B of the Karnataka Land Reforms Act, 1964, initiated proceedings, which culminated in passing of the impugned order declaring that the sale deed executed in favour of the petitioner is null and void, and forfeited the land with the State Government free from all encumbrances. Taking exception to the same, this petition is filed.
2. Learned counsel for the petitioner would submit that lawful possession of the subject land having not been taken in pursuance of the impugned order, the order stands abated in view of omission of section 79A and 79B of the Karnataka Land Reforms Act. Therefore, the impugned order passed by the 1st respondent is not enforceable in law.
3. Learned HCGP for the State submits that in pursuance of the order passed by the 1st respondent, the name of the Government was mutated in the revenue records, and -3- NC: 2024:KHC-D:2838 WP No. 105611 of 2023 therefore the impugned order passed by the 1st respondent does not stand abated, as contended by the petitioner and sought for dismissal of the writ petition.
4. Considered the submissions made by the learned counsels for the parties.
5. Though the name of the Government is mutated in the revenue records in respect of the subject land, in pursuance of the impugned order passed by the 1st respondent, however, the State Government has not placed on record any material to substantiate that lawful possession of the subject land was taken from the petitioner after the land was forfeited to the Government.
6. The State Government by Act 56 of 2020 omitted section 79A, 79B and 79C of the Act. Section 12(3) of the Act, 2020 deals with savings and it states that notwithstanding the omission of section 79A, 79B and 79C w.e.f. 01.03.1974, all cases finally disposed of before promulgation of the Karnataka Land Reforms Act (Amendment) Ordinance 2020 shall remain unaffected.
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7. In the instant case, though an order was passed forfeiting the subject land in the State Government, however, lawful possession of the subject land was not taken and therefore, it is inferred that the proceedings initiated under Section 83 of the Karnataka Land Reforms Act was not finally concluded. Hence, the impugned order stands abated, as stated under Section 12 of the Act 56 of 2020. Accordingly, I pass the following:
ORDER
i) The writ petition is allowed.
ii) The impugned order dated 30.07.2015 passed by the 1st respondent at Annexure-A is hereby quashed.
iii) The petitioner is at liberty to approach the Tahasildar concerned to delete the name of the Government and substitute his name in the revenue records in respect of the subject land. -5-
NC: 2024:KHC-D:2838 WP No. 105611 of 2023
iv) If such an application is filed, the Tahasildar concerned to consider the same in accordance with law.
Sd/-
JUDGE MRK CT:GSM List No.: 1 Sl No.: 18