Karnataka High Court
The State Of Karnataka vs Venkatesh S/O Bhimsen Rao on 30 October, 2023
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2023:KHC-K:8315
WP No.205913 of 2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.205913 OF 2019 (LR)
BETWEEN:
THE STATE OF KARNATAKA,
THROUGH ASSISTANT COMMISSIONER,
KALABURAGI-585 102.
...PETITIONER
(BY SRI G. B. YADAV, HCGP)
AND:
VENKATESH S/O BHIMSEN RAO,
AGED ABOUT 46 YEARS,
OCC: AGRICULTURE,
R/O: JEWARGI-585 310.
Digitally signed DIST: KALABURAGI.
by SACHIN
Location: ...RESPONDENT
HIGH COURT
OF
KARNATAKA (BY SRI DASTGIR B. NADAF AND
SRI GURURAJ GOPAL RAO, ADVOCATES)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI OR DIRECTION TO QUASH THE
ORDER PASSED BY THE KARNATAKA REVENUE APPELLANTS
TRIBUNAL, BENGALURU, IN APPEAL NO.882/2012 DATED
13.07.2016 VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-K:8315
WP No.205913 of 2019
ORDER
Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondents/State.
2. This petition is filed seeking to quash the order dated 13.07.2016 in Appeal No.882/2012 passed by the Karnataka Appellate Tribunal (For short referred to as 'the Tribunal') at Annexure - A.
3. The petitioner-State is before this Court questioning the order passed by the Tribunal which has set aside the order passed by the Assistant Commissioner which is in violation of Sections 79A and 79B of the Karnataka Land Reforms Act, 1961. The Assistant Commissioner vide its order dated 22.06.2012 resumed the land in favour of the Government in the record of rights pertaining to Sy.No.9/2/A measuring 29 guntas of Hatgunda village, Tq. and Dist. Kalaburagi.
4. The respondent-land loser being aggrieved by the order of the Assistant Commissioner, preferred an appeal before the Tribunal and the Tribunal after -3- NC: 2023:KHC-K:8315 WP No.205913 of 2019 considering the submission and the documents placed by the respondent / land loser, set aside the order passed by the Assistant Commissioner on the ground that the total income of the respondent from all source does not exceeds Rs.11,000/- per annum. This order of the Tribunal is questioned by the State in this writ petition on several grounds urged therein.
5. Learned High Court Government Pleader has filed a memo along with the Karnataka Land Reforms (Amendment) Ordinance, 2020 on 13.07.2020, by which, the provisions of Sections 79A, 79B and 79C have been omitted and as per Clause 13(2) of the Karnataka Land Reforms (Amendment) Ordinance, 2020, all cases pending on the date of publication of this Act pertaining to Sections 79A, 79B and 79C and consequential thereof shall stand abated.
6. I have perused the Karnataka Land Reforms (Amendment) Ordinance, 2020 dated 13.07.2020 and by virtue of the amendment of the Karnataka Land Reforms -4- NC: 2023:KHC-K:8315 WP No.205913 of 2019 Act, Sections 79A, 79B and 79C have been omitted and by virtue of Clause 13 (2) of the Karnataka Land Reforms (Amendment) Ordinance, 2020, which is a savings clause, all cases pending as on the date of publication pertaining to the provisions of Sections 79A and 79B, which is the subject matter of the present writ petition shall stand abated.
7. In view of the said memo and the submission of the learned High Court Government Pleader with regard to amended to the Karnataka Land Reforms (Amendment) Ordinance, 2020 on 13.07.2020, by which, the provisions of Sections 79A, 79B and 79C have been omitted and as per Clause 13(2) of the Karnataka Land Reforms (Amendment) Ordinance, 2020, all cases pending on the date of publication of this Act pertaining to Sections 79A, 79B and 79C and consequential thereof shall stand abated, the order passed by the Assistant Commissioner for resuming the land in favour of the Government and the subsequent order of the Tribunal, shall stand abated. -5-
NC: 2023:KHC-K:8315 WP No.205913 of 2019 Consequently, the sale deed of the respondent would sustain with regard to purchase of the land by the respondent bearing Sy.No.9/2A measuring 29 guntas. Accordingly, I pass the following:
ORDER The Writ Petition is disposed of holding that the proceedings initiated by the Assistant Commissioner as well as the Tribunal stand abated in view of the amendment to the Karnataka Land Reforms (Amendment) Ordinance, 2020.
It is needless to mention that the land would revert to the respondent by virtue of the registered sale deed dated 14.05.2008 measuring to an extent of 29 guntas in Sy.No.9/2A of village Hatgunda, Taluka and District, Kalaburagi.
Sd/-
JUDGE RSP List No.: 1 Sl No.: 42