Karnataka High Court
Bharath K L vs State Of Karnataka on 22 August, 2023
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2023:KHC:29828
WP No. 17009 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 17009 OF 2023 (LR)
BETWEEN:
1. BHARATH K L
S/O LATE K E LINGARAJU
AGED 34 YEARS
RESIDING AT B207,
CENTURY MARVEL APARTMENTS
HEBBAL, KEMPAPURA
BANGALORE-560 024
... PETITIONER
(BY SRI. SURAJ NAIK., ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF REVENUE
REPRESENTED BY ITS SECRETARY
Digitally signed by
VIJAYA P M S BUILDING
Location: HIGH BENGALURU-560 001
COURT OF
KARNATAKA
2. ASSISTANT COMMISSIONER
HASSAN SUB DIVISION
HASSAN-573 201
... RESPONDENTS
(BY SMT. ANUKANKSHA KALKERI, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER BEARING NO.LRF 79(A) AND 79(B) 54/14-15 DTD
30.06.2017 PASSED BY THE R2 - ASSISTANT COMMISSIONER
VIDE ANNEXURE-A AND ETC.
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NC: 2023:KHC:29828
WP No. 17009 of 2023
THIS W.P. COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader accepts notice for respondents.
2. Petitioner has sought for issuance of writ of certiorari to quash the order passed in case No. LRF 79(A) and 79(B) 54/14-15 dated 30.06.2017 instituted pursuant to the proceedings for violation of Sections 79-A and 79-B of the Karnataka Land Reforms Act, 1961 (for short 'the Act'). Petitioner has also sought for effecting revenue entries after taking note of the order to be passed by this Court as regards the order at Annexure-A.
3. Perused the order at Annexure-A. The order has been passed while referring to the report of the Tahsildar dated 10.06.2014 on the ground that there is violation of provisions of Sections 79-A and 79-B of the Act. It must be noted that except mentioning that the respondent before the Assistant Commissioner did not place the -3- NC: 2023:KHC:29828 WP No. 17009 of 2023 records, no reasoning is assigned as to which of the ingredients of Sections 79-A and 79-B of the Act have been violated. Clearly, jurisdictional finding ought to have been recorded as regards to the specific violation stipulated under Sections 79-A and 79-B of the Act.
4. It must be noted that the bar under Section 79- A of the Act relates to embargo for a person or family or joint family who has assured annual income of not less than Rs.25,00,000/- from sources other than agricultural lands to be entitled to acquire land. The manner of calculation of income is also provided for and explanation further clarifies the aspect. Insofar as Section 79-B of the Act is concerned, the embargo is against a person from purchasing unless he has been cultivating the land personally as on the date of commencement of the amendment Act. Unless such findings are recorded with reference to the status of the person who has purchased the property, question of passing the order under Sections 79-A and 79-B of the Act does not arise.
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NC: 2023:KHC:29828 WP No. 17009 of 2023
5. Learned High Court Government Pleader appearing for the respondents would contend that the order has attained finality in terms of the Savings Clause (12) of the Karnataka Land Reforms (Second Amendment) Act, 2020.
6. However, it must be noticed that the finality of the order will not exclude remedy of writs. Even otherwise, the finality cannot be so construed so as to have the effect of nullifying the substantive relief granted by way of retrospective amendment of omission of Sections 79-A and 79-B of the Act.
7. Accordingly, the impugned order at Annexure-A dated 30.06.2017 is set aside and the matter is remitted back to the Assistant Commissioner. Petitioner to appear before the Assistant Commissioner without notice on 13.09.2023. Upon the petitioner appearing before the Assistant Commissioner and putting forth his case on merits, the Assistant Commissioner is also bound to consider the legal consequences of omission of Sections -5- NC: 2023:KHC:29828 WP No. 17009 of 2023 79-A and 79-B of the Act and to proceed to conclude the proceedings expeditiously not later than three months from the date of appearance of the petitioner.
8. In light of the above, petition is disposed off.
Sd/-
JUDGE VP