Karnataka High Court
Shri Mahesh Naik S/O Sudakar Naik vs State Of Karnataka on 14 February, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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WP No. 100520 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 100520 OF 2024 (LR)
BETWEEN:
SHRI MAHESH NAIK S/O SUDAKAR NAIK
AGED ABOUT 40 YEARS,
R/AT. NO. 1601/A,
WING KAILASH TOWER,
M G ROAD, BHOHARA COLONY,
MUMBAI 400007,
R/BY HIS GPA HOLDER,
SHRI. RAJESH GANAPATI NAIK,
AGED ABOUT 43 YEARS,
GAYATRI NAGAR,
5TH CROSS, BANAVASI ROAD,
SIRSI 581401
...PETITIONER
(BY SRI VINAYKUMAR GANAPATI BHAT, ADVOCATE)
AND:
1. STATE OF KARNATAKA
SUJATA SUJATA
SUBHASH SUBHASH
REP. BY ITS PRINCIPAL SECRETARY,
PAMMAR PAMMAR REVENUE DEPARTMENT,
VIKASA SOUDHA, AMBEDKAR VEEDHI,
BENGALURU - 560001
2. THE ASSISTANT COMMISSIONER
SIRSI SUB DIVISION, SIRSI,
UTTARA KANNADA DISTRICT 581401
3. TAHASILDAR
MINI VIDHANA SOUDHA, SIRSI,
UTTARA KANNADA DISTRICT 581401
4. SMT. CHANDRAKALA
W/O VINAYAK HERAVATTA
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WP No. 100520 of 2024
AGED ABOUT 55 YEARS,
R/AT. MARIKAMBA NAGARA,
SIRSI TALUK, KARWAR 581401
...RESPONDENTS
(BY SRI V.S.KALASURMATH, HCGP FOR R1 TO R3;
NOTICE TO R4 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUION OF INDIA PRAYING TO:
A) ISSUE A WRIT OF CERTIORARI BY SETTING ASIDE OR
QUASHING THE IMPUGNED ORDER DATED 08-11-2019 IN APPEAL
NO.912/2015 (REVENUE) PASSED BY THE KARNATAKA APPELLANT
TRIBUNAL, BENGALURU VIDE ANNEXURE-A.
(B) ISSUE A WRIT OF CERTIORARI BY SETTING ASIDE OR
QUASHING THE ORDER DATED 28-01-2008 PASSED BY THE 2ND
RESPONDENT BEARING NO-BHUSU/CR-7/07-08 VIDE ANNEXURE-C
AND SUBSEQUENTLY DIRECT THE RESPONDENTS NO.1 TO 3 TO
REINSTATE THE REVENUE ENTRY IN THE NAME OF THE PETITIONER
TO THEIR RESPECTIVE LAND BEARING SY.NO.253/A, MEASURING 2
GUNTAS SITUATED IN SIRSI VILLAGE, SIRSI TALUK, AND ETC.,.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is the owner of land bearing Sy.No.235/A measuring 02 guntas, situated at Sirsi village in Sirsi taluka, having purchased the subject land under a registered sale deed dated 16.04.2007.
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2. The 2nd respondent initiated proceedings under section 83 of the Karnataka Land Reforms Act stating that the purchase of the subject land was in violation of section 79-A, B and C of the Karnataka Land Reforms Act. The 2nd respondent by impugned order dated 28.01.2008, vide Annexures-C, declared that the sale deed executed in favour of the petitioner is null and void, and forfeited the land with the State Government. In pursuance of the order passed by the 2nd respondent, the name of the Government was mutated in the revenue records in respect of the subject land. The petitioner being aggrieved, filed an appeal in Appeal No.912/2015 (Revenue) before the Karnataka Appellate Tribunal, Bengaluru. The Karnataka Appellate Tribunal, Bengaluru, by order dated 08.11.2019, dismissed the appeal confirming the order passed by the 2nd respondent.
3. The learned counsel for the petitioner submits that the name of the Government was mutated in the revenue records without taking lawful possession of the subject land and therefore, in view of the omission of Section 79-A, B and C of the Karnataka Land Reforms Act, the order passed by the 2nd respondent stands abated.
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4. The learned HCGP for the State submits that, the impugned order was passed before omission of Section 79-A, B and C of the Karnataka Land Reforms Act and the possession of the subject land was taken, and the name of the Government was mutated in the revenue records. Therefore, the omission of section 79-A, B and C of the Act will not invalidate the impugned order passed by the 2nd respondent.
5. Considered the submissions made by the learned counsels for the parties.
6. Though the name of the Government was mutated in the revenue records, no material is placed by the respondent State to establish that lawful possession of the subject lands was taken from the petitioner in pursuance of the order passed by the 2nd respondent. Therefore, it is inferred that the petitioner is in lawful possession of the subject land as of today. The State Government by Act No.56/2020 omitted Section 79A, 79B and 79C of the Act. Section 12 of the Act, 2020 deals with savings and it states that notwithstanding the omission of Sections 79A, 79B and 79C of the Act w.e.f 1st day of March, 1974, all cases finally disposed of before -5- NC: 2024:KHC-D:3533 WP No. 100520 of 2024 promulgation of the Karnataka Land Reforms Act (Amendment) Ordinance, 2020 shall remain unaffected.
7. In the instant case though the order was passed by the 2nd respondent forfeiting the subject land, however, the proceedings has not been concluded since lawful possession of the subject land was not taken from the petitioner. Therefore, the lawful possession of the subject land having not been taken by the Government, the impugned order passed by respondent No.2 stands abated. Accordingly, I pass the following:
ORDER
i) The writ petition is allowed.
ii) The impugned order dated 08.11.2019, passed by the Karnataka Appellate Tribunal, Bengaluru, in Appeal No.912/2015 (Revenue) and the order dated 28.01.2008, passed by the 2nd respondent at Annexures-A and C are hereby quashed.
iii) Respondent No.3 to delete the name of the Government and substitute the name of the petitioner in the revenue records in respect of the -6- NC: 2024:KHC-D:3533 WP No. 100520 of 2024 subject land, within a period of two months from the date of receipt of certified copy of this order.
Sd/-
JUDGE MRK CT:ANB List No.: 1 Sl No.: 34