Karnataka High Court
Mumtaz Baji vs The State Of Karnataka on 10 August, 2022
Author: R Devdas
Bench: R Devdas
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WP No. 24814 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 24814 OF 2018 (LR)
BETWEEN:
1. MUMTAZ BAJI
AGED ABOUT 69 YEARS
W/O LATE MOHAMMED HUSSAIN BAJI
OCC:CULTIVATOR
R/AT KINNIKAMBLA
MANGALORE TALUK, D.K.
2. SMT.BIBIJAN
Digitally
signed by SINCE DEAD BY LRS.
JUANITA
THEJESWINI
Location:
HIGH
COURT OF
KARNATAKA
2a. MR. KHAN MOHMMED JAVEED
AGED 55 YEARS
S/O LATE KOTE MOHAMMED IBRAHIM
R/AT NO.205/206, HIMACHAL
OPP: NEW INDIA QUARTERS,
JUHU LANE, ANDHERI (WEST)
MUMBAI-400058.
2b. MR. KHAN MOHAMMED KHALID
AGED 53 YEARS
S/O LATE KOTE MOHAMMED IBRAHIM
R/AT NO.402, MINARETTE APARTMENT
PLOT 39, CTS NO.178,
DADHABAI CROSS ROAD NO.2
ANDHERI (WEST)
MUMBAI-400058.
2c. MR. SAJID IBRAHIM KHAN
AGED 51 YEARS
S/O LATE KOTE MOHAMMED IBRAHIM
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WP No. 24814 of 2018
R/AT: A-401, SAMARTHA AANGAN-3
OSHIWARA, ANDHEREI (WEST)
MUMBAI-400058.
2d. MR. SHAHID MOHMMED KHAN
AGED 44 YEARS
S/O LATE KOTE MOHAMMED IBRAHIM
R/AT NO.205/206, HIMACHAL
OPP: NEW INDIA QUARTERS,
JUHU LANE, ANDHERI (WEST)
MUMBAI-400058.
3. SRI.SYED SADIQ ALI
S/O SYED MOHAMOOD,
OCC:CULTIVATOR,
R/AT UDAYAVAR,
UDUPI TALUK & DISTRICT.
...PETITIONERS
(BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M.S.BUILDING
BANGALORE-560 001
REP. BY ITS SECRETARY.
2. THE ASSISTANT COMMISSIONER
BANGALORE NORTH SUB DIVISION,
2ND FLOOR, KANDHAYA BHAVANA,
BANGALORE NORTH TALUK,
BANGALORE-560 001.
3. THE TAHSILDAR
BANGALORE NORTH TALUK,
GROUND FLOOR, KANDHAYA BHAVANA,
BANGALORE NORTH TALUK,
BANGALORE-560 001.
...RESPONDENTS
(BY SRI. SESHU.V, HCGP FOR R1 TO R3)
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WP No. 24814 of 2018
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD. 31.01.2017 PASSED BY THE KARNATAKA
APPELLATE TRIBUNAL, BENGALURU IN APPEAL NO.157/2013
AS PER ANENXURE-A AND TO QUASH THE ORDER DTD
26.07.1996 PASSED BY THE R-2 IN PROCEEDINGS AS PER
ANNEXURE-A1 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioners are aggrieved by the order of forfeiture passed by the 2nd respondent-Assistant Commissioner, Bangalore North Sub-Division, 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.157/2013 dated 31.01.2017.
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 -4- WP No. 24814 of 2018 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 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 proceedings initiated by the petitioners herein are 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.
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4. Learned counsel has also brought to the notice of this Court that co-ordinate benches have passed orders in various writ petition including W.P.No.41744/2019, W.P.No.51851/2016 etc., taking note of the saving clause under Section 12 of the Amending Act.
5. For the reasons stated above, this Court proceeds to pass the following:
:: O R D E R ::
(i) The writ petition stands disposed of.
(ii) The impugned order dated 26.07.1996
passed by the 2nd respondent-
Assistant Commissioner and the order dated 31.01.2017 passed by the Karnataka Appellate Tribunal in Appeal No.157/2013 are hereby quashed and set aside.
(iii) The proceedings in No.LRF (83)136/ 1995-96 is hereby declared as having abated.-6-
WP No. 24814 of 2018
Ordered accordingly.
6. Pending I.As., if any, stand disposed of.
Sd/-
JUDGE DL