Karnataka High Court
Smt Savitha @ Chandra Kala vs State Of Karnataka By on 27 July, 2022
Author: R Devdas
Bench: R Devdas
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WP No. 24532 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 24532 OF 2021 (LR)
BETWEEN:
SMT SAVITHA @ CHANDRA KALA
D/O LATE SRI. KRISHNAPPA
W/O SRI R. SRIDHAR
AGED ABOUT 43 YEARS
AT NO 10/3-1, 3RD FLOOR
BANASAWADI MAIN ROAD
JAI BHARATH NAGARA
BENGALURU 560033
Digitally ...PETITIONER
signed by
YASHODA
KRISHNAPPA
Location: (BY SRI. ANJANEYA A.B, ADVOCATE)
HIGH COURT
OF
KARNATAKA
AND:
1. STATE OF KARNATAKA BY
THE ASSISTANT COMMISSIONER
DODDABALLAPUR DIVSION
DODDABALLAPUR
BANGALORE RURAL DIST-561203
2. THE TAHASILDAR
DEVANAHALLI TALUK
BANGALORE RURAL DIST-562110
...RESPONDENTS
(BY SRI. MADESHWARAN C.N., AGA)
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WP No. 24532 of 2021
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER PASSED BY THE R-1 VIDE ANENXURE-A DTD.17.8.2019
AND DIRECT THE RESPONDENTS TO MUTATE THE NAME OF
PETITIONER IN THE REVENUE RECORDS AND GRANT AN
INTERIM ORDER TO STAY THE OPERATION OF THE IMPUGNED
ORDER PASSED BY THE R-1 VIDE ANENXURE-A
DTD.17.8.2019.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned Additional Government Advocate takes notice for both the respondents.
2. This writ petition is filed calling in question order dated 17.08.2019 passed in Appeal No.LRF:SR(DE) 281/2015-16, by respondent No.1 - Assistant Commissioner, in a proceedings initiated under Section 83, for violation of the provisions of Section 79A and 79B of the Karnataka Land Reforms Act.
3. Since an order passed by the Assistant Commissioner is appealable before the Revenue Appellate -3- WP No. 24532 of 2021 Tribunal, in terms of Section 118 (2) of the Act, the petitioner was required to approach the Tribunal. However, it is the submission of the learned counsel for the petitioner that the Karnataka Appellate Tribunal is not entertaining the appeals in view of the amendment brought to Sections 79A, 79B and 79C vide Karnataka Amendment Act No.56 of 2020, repealing the said provisions. Learned Counsel for the petitioner would draw the attention of this Court to a notification dated 30.12.2020 in No.DPAL 54 SHASANA 2020, Bengaluru, wherein it is opined by the Law Department of the State Government that in view of the provisions contained in Section 12(2) of the Karnataka Land Reforms (Second Amendment) Bill, 2020, which 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 -4- WP No. 24532 of 2021 stand abated and permission cannot be granted to the Karnataka Appellate Tribunal to admit the appeals after 13.07.2020. However, this Court has specifically directed the Karnataka Appellate Tribunal to consider the appeals which were directed to be filed by this Court.
4. The submission of the learned counsel for the petitioner cannot be accepted. If the Tribunal is of the view that if it cannot entertain appeal, the same should be put in writing. On the contrary, no material is placed on record to show that the appeal was indeed filed before the Tribunal.
5. Consequently, this writ petition stands disposed of directing the petitioner to file an appeal under Section 118 (2) of the Karnataka Land Reforms Act, before the Karnataka Appellate Tribunal. The Tribunal is required to consider the appeal and pass orders in accordance with law.
[ -5- WP No. 24532 of 2021
6. Needless to observe that in view of the provisions contained in Section 12(2) of the Amending Act, 2020, the Tribunal will have to pass necessary orders declaring that the proceedings have abated.
Ordered accordingly.
7. Learned Additional Government Advocate is permitted to file Memo of Appearance within a period of four weeks from today.
Sd/-
JUDGE KLY