Karnataka High Court
Sri. Shridhar Kanamakkal S/O ... vs The State Of Karnataka on 10 August, 2021
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10TH DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 102000/2021 (KLR/RR-SUR)
BETWEEN:
1. SRI. SHRIDHAR KANAMAKKAL
S/O SURYANARAYANA KANAMAKKAL
AGED ABOUT 41 YEARS
2. SRI.PRAKASH KANAMAKKAL
S/O. SURYANARAYANA KANAMAKKAL
AGED ABOUT 35 YEARS,
3. SRI. BHOJARAJ KANAMAKKAL
S/O. SURYANARAYANA KANAMAKKAL
AGED ABOUT 35 YEARS,
ALL ARE R/AT NO.91/3,
P B ROAD, PADADAYYAN HAKKAL INDIRANAGAR,
HUBLI, OLD HUBLI, HUBLI,
DHARWAD 580024
...PETITIONERS
(BY SRI. SATISH M. S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS CHIEF SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING, BENGALURU 560001
W.P.No.102000/2021
2
2. THE ASST. COMMISSIONER, SAVANOOR
DIST. DHARWAD 580001.
3. THE TAHSILDHAR, SHIGGAON
DIST. DHARWAD 580001
...RESPONDENTS
(BY SRI. H. K. BASAVARAJ, AGA FOR R1 TO R3)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO:
I) ISSUE A WRIT IN THE NATURE OF CERTIORARI
TO QUASH THE ORDER NO.79A AND
79B/APSRVATHI/59/2016-17 DTD. 4.6.2018 VIDE
ANNEXURE-E PASSED BY RESPONDENT NO.2.
II) ISSUE WRIT IN THE NATURE OF MANDAMUS
DIRECTING RESPONDENT NO.3 TO RESTORE THE
NAME OF THE PETITIONERS IN THE REVENUE
RECORDS AND DISMISS THE SUO MOTTO
PROCEEDINGS IN VIEW OF THE SUBSEQUENT
AMENDMENT TO THE LAND REFORMS ACT VIDE
ORDINANCE NO.16/2020, DTD. 13.7.2020
ISSUED BY THE STATE GOVERNMENT WHEREIN
SEC.79A AND 79B HAVE BEEN DELETED FROM
THE ACT W.E.F.1.3.1974, VIDE ANNEXURE-F.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioners and learned AGA for respondents No.1 to 3.
2. Petitioners have challenged the order dated 04.06.2018 at Annexure-E, whereunder the 2nd W.P.No.102000/2021 3 respondent - Assistant Commissioner, exercising his powers under Section 83 of the Karnataka Land Reforms Act, 1961 ('the KLR Act', for short) has declared that the sale deed dated 01.12.2014 executed in favour of the petitioners was null and void for having violated Section 79A of the KLR Act and the lands which are the subject matter of the sale deed, were directed to be forfeited in favour of the Government.
3. Learned counsel for the petitioners submits that, having regard to the Karnataka Land Reforms (Amendment) Ordinance, 2020 ('The Ordinance, 2020', for short), Sections 79A, 79B and 79C of the Parent Act, stand omitted with effect from 01.03.1974 and having regard to Section 13(2) of the Ordinance, 2020, all proceedings for violation of Sections 79A, 79B and 79C stand abated.
4. This Court in W.P.No.147188/2020 in the case of Smt. Madhukanta Patadia & Ors. Vs. The State of Karnataka & Ors. disposed of on 16.07.2020, W.P.No.102000/2021 4 in identical matter has held that, having regard to the Karnataka Land Reforms (Amendment) Ordinance, 2020, Sections 79A, 79B and 79C stand omitted from the Parent Act with effect from 01.03.1974 and having regard to Section 13(2) of the said Ordinance, 2020, all pending proceedings for violation of Sections 79A, 79B and 79C of KLR Act stand abated. The said order passed by the Coordinate Bench of this Court is squarely applicable to the facts of the present case.
Accordingly, this petition is also disposed of in terms of the orders passed by this Court in W.P.No.147188/2020, disposed of on 16.07.2020.
The entire proceedings before the 2 n d respondent - Assistant Commissioner and the order impugned at Annexure-E stands abated having regard to Section 13(2) of the Ordinance, 2020 and resultantly, respondent No.3 is directed to restore the name of the petitioners in the revenue records of the land bearing survey No.47/K/27 measuring 03 acres of Mamadapur W.P.No.102000/2021 5 Village, Hubballi Taluk and Dharwad District, said to have been purchased by petitioners under the registered sale deed dated 01.12.2014, forthwith.
Sd/-
JUDGE g ab