Karnataka High Court
Sri. Basavaraju vs The Assistant Commissioner on 4 January, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC-D:265
WP No. 34901 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 34901 OF 2018 (LR-)
BETWEEN:
1. SRI. BASAVARAJU
S/O SHIVANAGAPPA MELMURI, AGED ABOUT 47 YEARS,
RESIDENTS OF BYADGI VILLAGE,
BYADGI, HAVERI DISTRICT-581110.
2. SRI. MALLIKARJUNA
S/O SHIVANAGAPPA MELMURI,AGED ABOUT 53 YEARS,
RESIDENTS OF BYADGI VILLAGE,
BYADGI, HAVERI DISTRICT - 581 110.
3.00. SRI. MAHANTESHA
S/O SHIVANAGAPPA MELMURI, AGED ABOUT 51 YEARS,
RESIDENTS OF BYADGI VILLAGE,
BYADGI, HAVERI DISTRICT-581110.
...PETITIONERS
(BY SRI A P MURARI, ADVOCATE)
SUJATA AND:
SUBHASH
PAMMAR
1. THE ASSISTANT COMMISSIONER
Digitally signed
by SUJATA LAND REVENUE, HAVERI-581110.
SUBHASH
PAMMAR
Date: 2024.01.11
11:23:47 +0530 2. THE TAHSILDAR (REVENUE)
HAVERI TALUK, DISTRICT HAVERI-581110.
...RESPONDENTS
(BY SRI V S KALASURMATH, HCGP)
THIS WP FILED UNDER ARTICLE 226 AND 227 OF THE CONTITUTION
OF INDIA PRAYING TO:-SET ASIDE THE ORDER PASSED IN APPEAL
NO.766/2013 DATED 13.3.2018 PASSED BY THE KARNATAKA APPELLATE
TRIBUNAL VIDE ANNEXURE-E AND RESTORE THE LAND TO THE PETITIONER
AND DIRECT THE RESPONDENTS TO MUTATE THE NAME OF THE
PETITIONERS IN THE REVENUE ENTRIES IN RESPECT OF LAND IN
SY.NO.115/2 OF KAJJARI VILLAGE, HAVERI TALUK.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B'
GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:265
WP No. 34901 of 2018
ORDER
The respondent No.1 initiated the proceedings against the petitioners for having purchased the agricultural land bearing Sy.No.115/2A measuring 7 acres 20 guntas situated at Kajargi village, Haveri Taluk, in violation of Section 79A of the Karnataka Land Reforms Act, 1961. The respondent No.1 in exercise of power under Section 83 of the Karnataka Land Reforms Act declared that the sale deed executed in favour of the petitioners as null and void, and forfeited the land in favour of the government, against which, the petitioners filed an appeal before the Karnataka Appellate Tribunal in Appeal No.766/2013. The Karnataka Appellate Tribunal dismissed the appeal confirming the order passed by the respondent No.1. Taking exception to the same, this petition is filed.
2. As of today, the lawful possession of the subject agricultural land has not been taken by the government in light of the order passed by the respondent No.1. During pendency of the petition, the State Government by Act 56/2020 omitted Section 79A, 79B and 79C of the Act. Section 12 of the Act, 2020 deals with savings and it states that notwithstanding the omission of Sections 79A, 79B and 79C w.e.f 1st day of March, 1974, all cases finally disposed of before the promulgation of the Karnataka Land Reforms Act (Amendment) Ordinance, 2020 shall remain unaffected. Sub-Section (2) of the Act states that all cases pending in any Court pertaining to Section 79A, 79B and 79C shall hereby stand abated.
-3-NC: 2024:KHC-D:265 WP No. 34901 of 2018
3. Therefore, the lawful possession of subject land having not been taken by the Government, the proceedings initiated by the respondent No.1 culminating in passing the order under Section 83 of the Land Reforms Act stands abated. Accordingly, I pass the following:
ORDER
i) The petition is allowed.
ii) The impugned order dated 13.3.2018 in Appeal No.766/2013 passed by the Karnataka Appellate Tribunal, vide Annexure-E and the order dated 8.1.2013 passed by the respondent No.1 vide Annexure-B stand quashed.
iii) The respondent No.2 is hereby directed to restore the name of the petitioners in the revenue records after deleting the name of the government in respect of the subject land within four weeks from the date of receipt of certified copy of this order.
Sd/-
JUDGE BKM List No.: 1 Sl No.: 103