Smt.Rajeshwari vs The Assistant Commissioner on 11 January, 2021

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Karnataka High Court

Smt.Rajeshwari vs The Assistant Commissioner on 11 January, 2021

Bench: P.B. Bajanthri

                                1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11TH DAY OF JANUARY, 2021

                              BEFORE

     THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

        WRIT PETITION NO.15122/2020 (LR)

BETWEEN:

SMT. RAJESHWARI
W/O. G. PRASAD,
AGED ABOUT 44 YEARS,
AGRICULTURIST RESIDENT
OF NO 91/1, POOJAMMA TEMPLE
ROAD, 8TH CROSS,
GORAGUNTEPALYA,
BENGALURU - 560 022,
REPRESENTED BY HER GENERAL
POWER OF ATTORNEY HOLDER,
SMT. N. PADMA,
W/O. T. JAYARAM,
AGED ABOUT 64 YEARS,
RESIDENT OF NO 68/3,
FRONT OF INDIAN BANK,
1ST BLOCK, KRISHNA BLOCK,
SHESHADRIPURAM,
BENGALURU - 560 020                      ... PETITIONER

(BY SRI. N. PRAVEEN KUMAR, ADVOCATE)

AND:

1.     THE ASSISTANT COMMISSIONER,
       DODDABALLAPUR SUB DIVISION,
       BENGALURU - 560 001

2.     THE TAHSILDAR
       NELMANGALA TALUK,
       NELMANGALA - 562 123            ... RESPONDENTS

(BY SRI. SRINIVASA GOWDA, AGA)
                                 2




     THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO
RESTORE THE NAME OF THE PETITIONER IN THE REVENUE RECORDS
BY SHOWING HER AS IN POSSESSION AND CULTIVATION OF THE
IMMOVABLE PROPERTY BEARING SY.NO.56/3B, MEASURING AN
EXTENT OF 39.008 GUNTAS, SITUATED AT TAVAREKERE VILLAGE,
THYAMAGONDULU HOBLI, NELAMANGALA TALUK AND ETC.,

     THIS PETITION COMING ON FOR PRELIMINARY HEARING - B
GROUP   PHYSICAL    HEARING/VIDEO   CONFERENCING     HEARING
(OPTIONAL), THIS DAY, THE COURT MADE THE FOLLOWING:-

                            ORDER

In the instant petition petitioner has prayed for the following reliefs:

i) Issue a writ in the nature of certiorari to quash the impugned order passed by the first respondent in proceedings bearing No. L.R.F.S.R.(N)141/2009-10 dated 27.4.2012 vide Annexure-B.

ii) direct the second respondent to restore the name of the petitioner in the revenue records by showing her as in possession and cultivation of the immovable property bearing Sy.No.56/3B, measuring an extend of 39.08 guntas, situated at Tavarekere Village, Thyamagondulu Hobli, Nelamangala Taluk.

2. During the pendency of the present petition, State Government has issued ordinances bearing Nos.13 of 2020 and 23 of 2020 on 13.07.2020 and 02.11.2020 respectively while deleting Sections 79A and 79B of the Karnataka Land Reforms Act, 1961.

3. In terms of the aforesaid ordinances and in view of decision passed by a co-ordinate bench of this Court in W.P. No.41744/2019 (LR) decided on 10.12.2020 that the proceedings stood abated, impugned proceedings is abated and order dated 27.4.2012 is set aside. Accordingly, writ petition stands allowed.

Since the main petition is allowed, pending I.As. do not survive for consideration.

Sd/-

JUDGE BS

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