H.S. Ashok Kumar vs The State Of Karnataka on 19 January, 2022

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Karnataka High Court

H.S. Ashok Kumar vs The State Of Karnataka on 19 January, 2022

Bench: R Devdas

                          1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 19TH DAY OF JANUARY, 2022

                       BEFORE

          THE HON'BLE MR.JUSTICE R DEVDAS

       WRIT PETITION NO.52396 OF 2019 (LR)

BETWEEN:

H.S. ASHOK KUMAR,
S/O H. R. SANGA SETTY,
AGED ABOUT 40 YEARS,
RESIDING AT HOUSE NO. 222A,
YARAHALLI, HAND POST, H.D. KOTE,
AND ALSO HAVING
RESIDENCE AT HEBBALA GUPPE VILLAGE,
KASABA HOBLI, H.D. KOTE TALUK,
MYSORE DISTRICT,
KARNATAKA - 571 114.
                                      ...PETITIONER
(BY SRI.NANJAPPA M.G., ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA,
       DEPARTMENT OF REVENUE,
       VIDHAN SOUDHA,
       BANGALORE - 560 001.
       REPRESENTED BY ITS
       PRINCIPAL SECRETARY.

2.     THE ASSISTANT COMMISSIONER,
       HUNSUR TALUK, HUNSUR,
       MYSORE DISTRICT - 571114.

3.     THE THASILDAR,
       H.D. KOTE, H.D. KOTE TALUK,
       MYSORE DISTRICT - 571 114.
                           2




4.   REVENUE INSPECTOR,
     H.D. KOTE,
     H.D. KOTE TALUK,
     MYSORE DISTRICT - 571114.

5.   VILLAGE ACCOUNTANT,
     H.D. KOTE,
     H.D. KOTE TALUK,
     MYSORE DISTRICT - 571114.
                                     ...RESPONDENTS
(BY SRI.A.R.SRINIVAS, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING   TO   QUASH    THE   IMPUGNED   ORDER
ANENXURE - A DATED 5.9.2019 PASSED BY THE
KARNATAKA APPELLATE TRIBUNAL, BANGALORE IN
APPEAL NO.1048/2011; DIRECT THE R-2 TO 5 TO
ISSUE THE KATHA CERTIFICATE TO THE PETITIONER
WITHOUT DELAY AND ETC.,

     THIS WRIT PETITION COMING ON FOR HEARING
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 3 and 79B of the Act. The petitioner is also aggrieved by the subsequent order of the Karnataka Appellate Tribunal in Appeal No.1048/2011 dated 05.09.2019.

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 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, 4 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 appeal filed by the petitioner herein was pending before this 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 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
             26.09.2011 passed by the 2nd
             respondent-              Assistant
             Commissioner     and   the   order
             dated 05.09.2019 passed by

Karnataka Appellate Tribunal in 5 Appeal No.1048/2011 are hereby quashed and set aside.

(ii) The proceedings in No.LRF:

62/2010-11 is hereby declared as having abated.

Ordered accordingly.

Sd/-

JUDGE rv

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