Karnataka High Court
A C Srinivas vs The State Of Karnataka on 19 January, 2022
Author: R Devdas
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.15813 OF 2018 (LR)
BETWEEN:
A C SRINIVAS,
S/O LATE CHINNA VENKAIAH A M,
AGED ABOUT 49 YEARS,
R/AT CHOKKANA HALLI VILLAGE,
YELAHANKA HOBLI,
BANGALORE NORTH TALUK,
BANGALORE - 560 092.
....PETITIONER
(BY SRI. G R LAKSHMIPATHY REDDY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING,
AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. THE ASSISTANT COMMISSIONER,
BANGALORE NORTH SUB DIVISION,
VISHVESWARAIAH TOWE,
BANGALORE - 560 001.
....RESPONDENTS
(BY SRI.R.SRINIVAS GOWDA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO CALL FOR THE RECORDS IN LRF (BE)
2
47/2002-03 ON THE FILE OF THE ASST.
COMMISSIONER, BANGALORE NORTH DIVISION
BANGALORE AND ALSO RECORDS FROM KARNATAKA
APPELLATE TRIBUNAL IN APPEAL NO.459/2007; QUASH
THE ANNEXURE - H THE ORDER DATED 14.07.2004
MADE IN LRF (BE) 47/2002-03 PASSED BY THE ASST.
COMMISSIONER, BANGALORE NORTH DIVISION,
BANGALORE - R2 AND ETC.,
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP 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 and 79B of the Act. The petitioner is also aggrieved by the subsequent order of the Karnataka Appellate Tribunal in Appeal No.459/2007 dated 13.10.2017.
2. The learned counsel for the petitioner draws the attention of this Court to the Karnataka Land Reforms (Second Amendment) Act, 2020, 3 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, 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 4 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
14.07.2004 passed by the
2nd respondent- Assistant
Commissioner and the order
dated 13.10.2017 passed by
Karnataka Appellate Tribunal in Appeal No.459/2007 are hereby quashed and set aside.
(ii) The proceedings in No.LRF:
(BE)47/2002-03 is hereby
declared as having abated.
Ordered accordingly.
SD/-
JUDGE
rv