B G Shanthamallaiah vs The State Of Karnataka on 3 February, 2022

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Karnataka High Court

B G Shanthamallaiah vs The State Of Karnataka on 3 February, 2022

Bench: R Devdas

                         1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 3RD DAY OF FEBRUARY, 2022

                      BEFORE

          THE HON'BLE MR.JUSTICE R DEVDAS

       WRIT PETITION NO.719 OF 2020 (LR)

BETWEEN:

SRI.B.G.SHANTHAMALLAIAH,
S/O B.S.GURUMALLAIAH,
AGED ABOUT 47 YEARS,
OCCUPATION- AGRICULTURIST AND
R/AT BOMMACCHANAHALLI VILLAGE,
KASABA HOBLI, RAMANAGAR TALUK
AND DISTRICT PIN-571511
                               ....PETITIONER
(BY SRI.RAVISHA.M.G, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA,
       RREPRSENTED BY ITS TAHASILDAR,
       RAMANAGARA,
       RAMANAGARA TALUK AND DISTRICT
       PIN-571511

2.   THE ASSISTANT COMMISSIONER
     RAMANAGARA TALUK AND DISTRICT,
     TALUK OFFICE COMPOUND,
     RAMANAGARA PIN-571511
                            ....RESPONDENTS
(BY SRI A.R. SRINIVAS, AGA)

    THIS WRIT PETITION IS FILED UNDER ARTICLE
227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDERS DATED 23.09.2019 PASSED BY
THE HON'BLE KARNATAKA APPELLATE TRIBUNAL,
                            2




BENGALURU IN APPEAL NO.496/2017, AS PER
ANNEXURE-A AND ORDER DATED 02.03.2016 PASSED
BY R-2 AUTHORITY AS PER ANNEXURE-B AND ETC.

     THIS  WRIT   PETITION   COMING   ON   FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE
COURT MADE THE FOLLOWING:

                           ORDER

R. DEVDAS J., (ORAL):

The petitioner is aggrieved by the order of forfeiture passed by the 2nd 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 petitioner is also aggrieved by the subsequent order of the Karnataka Appellate Tribunal in Appeal No.496/2017 dated 23.09.2019.

2. The learned counsel for the petitioner 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 3 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 proceedings initiated by the petitioner herein was pending before the 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 4 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
              02.03.2016       passed      by     the
              2nd         respondent-Assistant
              Commissioner      and     the     order
              dated 23.09.2019 passed by

Karnataka Appellate Tribunal in Appeal No.496/2017 are hereby quashed and set aside.

     (ii)     The proceedings in No.LRF.79
              (A)(B)/Ra/41/2012-13                 is
              hereby     declared     as      having
              abated.


            Ordered accordingly.




                                               SD/-
                                              JUDGE
rv

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