Mrs. Masooda vs Assistant Commissioner on 1 February, 2022

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Karnataka High Court

Mrs. Masooda vs Assistant Commissioner on 1 February, 2022

Bench: R Devdas

                        1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 1ST DAY OF FEBRUARY, 2022

                     BEFORE

         THE HON' BLE MR.JUSTICE R DEVDAS

       WRIT PETITION NO.11695 OF 2021 (LR)

BETWEEN:

1.     MRS.MASOODA,
       D/O LATE ABDUL KHUDDUS,
       AGED ABOUT 59 YEARS,
       POSTAL ADDRESS:NO.2/3, SPENCER ROAD,
       FRAZER TOWN,
       BENGALURU - 560 005.

2.     MRS. YASMEEN IFTAQAR,
       W/O MR. IFTAQAR AHMED,
       AGED ABOUT 58 YEARS,
       POSTAL ADDRESS:NO.103,
       'ALFA CARLESTON',
       WHEELER ROAD EXTENSION,
       COOKE TOWN,
       BENGALURU - 560 005.
                                   ....PETITIONERS
(BY SRI.K.KIRAN KUMAR, ADVOCATE)

AND:

1.     ASSISTANT COMMISSIONER,
       BENGALURU NORTH
       SUB - DIVISION,
       KANDAYA BHAVAN, K G ROAD,
       BENGALURU - 560 009.

2.     THASILDHAR,
       BENGALURU NORTH TALUK,
       KANDAYA BHAVANA,
                           2




     K G ROAD,
     BENGALUR - 560 009.
                                 ....RESPONDENTS
(BY SRI.R.SRINIVAS GOWDA, AGA FOR R1 AND R2)

      THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY
THE KARNATAKA APPELLATE TRIBUNAL, DATED.
09.12.2019, IN APPEAL NO.932/2010, WHICH IS
HEREWITH FURNISHED AS THE ANNEXURE - D AND
ETC.,

     THIS  WRIT   PETITION COMING    ON  FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:
                       ORDER

R. DEVDAS J., (ORAL):

The petitioners are aggrieved by the order of forfeiture passed by the 1st 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 petitioners are also aggrieved by the subsequent order of the Karnataka Appellate Tribunal in Appeal No.932/2010 dated 09.12.2019.

2. The learned counsel for the petitioners 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 Sections 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, 2020 (Karnataka Ordinance 13 of 2020) pertaining to Sections 79A, 79B and 79C shall stand abated.

3. Admittedly, as on the date of Ordinance, the appeal filed by the petitioners herein was 4 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
             16.12.2009          passed     by

the 1st respondent-Assistant Commissioner and the order dated 09.12.2019 passed by Karnataka Appellate Tribunal in Appeal No.932/2010 are hereby quashed and set aside.

(ii) The proceedings in No.L.R.F.(83)(BNA)34/06-07 is hereby declared as having abated.

Ordered accordingly.

Sd/-

JUDGE rv

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