A S Siddaraju vs State Of Karnataka on 28 March, 2025

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Karnataka High Court

A S Siddaraju vs State Of Karnataka on 28 March, 2025

Bench: N S Sanjay Gowda

                                       -1-
                                                 NC: 2025:KHC:13261
                                                WP No. 7602 of 2025




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 28TH DAY OF MARCH, 2025

                                     BEFORE
                   THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                      WRIT PETITION NO. 7602 OF 2025 (LR)
            BETWEEN:

            1.    A S SIDDARAJU
                  S/O A.S.SIDDALAH
                  AGED ABOUT 46 YEARS
                  AGRICULTURIST
                  R/O ARAKERE VILLAGE,
                  ARAKERE HOBLI
                  SRIRANGAPATNA TALUK
                  MANDYA DISTRICT-571415..
                                                       ...PETITIONER
            (BY SRI. S V PRAKASH., ADVOCATE)

            AND:

            1.    STATE OF KARNATAKA
                  STATE OF KARNATAKA REPRESENTED BY ITS
                  PRINCIPAL SECRETARY REVENUE DEPARTMENT,
Digitally
signed by         M.S. BUILDING DR. B.R. AMBEDKARVEEDHI,
KIRAN             BENGALURU-560001
KUMAR R
Location:
HIGH        2.    THE ASSISTANT COMMISSIONER,
COURT OF
KARNATAKA         PANDAVAPURA SUB DIVISION
                  MANDYA DISTRICT -571 434.

            3.    THE TAHASILDAR,
                  SRIRANGAPATNA TALUK
                  MANDYA DISTRICT -571 438.
                                                    ...RESPONDENTS
            (BY SMT. CHANDINI.S., HCGP)

                 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
            THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
                           -2-
                                          NC: 2025:KHC:13261
                                      WP No. 7602 of 2025




THE NATURE OF CERTIORARI AND QUASH THE ORDER DATED
21.11.2023 PASSED BY THE KARNATAKA APPELLATE
TRIBUNAL, BENGALURU IN MISC. PETITION NO.27/2021
THEREBY REFUSING TO RESTORE THE APPEAL IN APPEAL
NO.822/2019 PRODUCED AS PER ANNEXURE-G AND THE
ORDER DATED 29.09.2021 PASSED BY THE KARNATAKA
APPELLATE TRIBUNAL, BENGALURU IN APPEAL NO.822/2019
PRODUCED AS PER ANNEXURE-F DISMISSING THE APPEAL FOR
NON-PROSECUTIONAND ALSO THE ORDER DATED 30.07.2018
PASSED BY THE SECOND RESPONDENT IN PROCEEDINGS
NO.BHU.SU.PARI(SRI) 194/2016-17 WHEREBY AND WHERE
UNDER AN AGRICULTURAL LAND MEASURING 0-25 GUNTAS
COMPRISED IN SY. NO.19/5 OF ARAKERE VILLAGE,
ARAKEREHOBL, SRIRAGAPATTANA TALUK, MANDYA DISTRICT
WAS FORFEITED TO STATE GOVERNMENT FOR ALLEGED
VIOLATION OF SECTIONS 79-A AND 79-B OF KARNATAKA
LAND REFORMS ACT, 1961 PRODUCED AS PER ANNEXURE-E
TO THE WRIT PETITION, ETC.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:   HON'BLE MR JUSTICE N S SANJAY GOWDA

                     ORAL ORDER

1. An order of vesting was passed by the Assistant Commissioner on the premise that there was contravention of Section 79A and B of the Karnataka Land Reforms Act, 1961 (Act). This order of Assistant Commissioner passed on 30.07.2018 was challenged by filing an appeal to the Karnataka Appellate Tribunal (KAT) in Appeal No.823/2019. -3-

NC: 2025:KHC:13261 WP No. 7602 of 2025

2. However, this appeal was dismissed for default on 29.09.2021, since there was no representation on behalf of the appellant.

3. The petitioner, thereafter, sought for restoration of the petition by filing a Miscellaneous Petition before the Tribunal.

4. The Tribunal has, however, rejected the said petition and therefore, the petitioner is challenging the said order before this Court.

5. Since the appeal before the Tribunal was dismissed for non-prosecution and not on merits, the Tribunal ought to have restored the case and considered the appeal on merits. However, the Tribunal has proceeded to reject the said Miscellaneous Petition. I am, therefore, of the view that the order passed by the KAT rejecting the petition for restoration and also dismissing the appeal for non-prosecution cannot be sustained and the same are accordingly quashed. -4-

NC: 2025:KHC:13261 WP No. 7602 of 2025

6. The matter, in the normal circumstances, would have been remitted to the Tribunal for consideration of the appeal on merits, but, since the statute has been amended, Section 79A and B are omitted and the statute also provides for abatement of the proceedings, which have been initiated and which are pending as on the date of the ordinance, I am, therefore, of the view that no useful purpose would be served by remanding the matter and consequently, it is held that the proceedings initiated against the petitioner in contravention of Section 79A and B shall stand abated. The Writ Petition is, therefore, allowed.

7. As a consequence of this order, the entry shall stand restored in the name of the petitioner.

Sd/-

(N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 20

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