The Pentecostal Mission vs The State Of Karnataka on 19 January, 2022

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Karnataka High Court

The Pentecostal Mission 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.35867 OF 2017 (LR)

BETWEEN:

THE PENTECOSTAL MISSION
E C M NO.33/2008-09
DATED 13-01-2009 (R.NO.CXLV/08-09)
REPT BY ITS CENTER PASTOR
SAMADHANAM PRABHAKARAN,
S/O LATE RATHNAM SWAMY,
AGED ABOUT 60 YEARS,
R/AT THE PENTECOSTAL MISSION CHURCH,
BAGALURU ROAD, GEDDALAHALLI
BENGALURU-560077
                                    ....PETITIONER
(BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS
       SECRETARY TO REVENUE DEPARTMENT,
       M S BUILDING, DR.AMBEDKAR ROAD,
       BENGALURU-560 001

2.     THE ASSISTANT COMMISSIONER
       BENGALURU NORTH SUB DIVISION,
       V V TOWER
       BENGALURU-560 001

3.     THE DEPUTY COMMISSIONER
       BANGALORE NORTH TALUK,
       BENGALURU - 560001
                                  ...RESPONDENTS
(BY SRI R.SRINIVAS GOWDA, AGA)
                            2




     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDER DATED 15.03.2017 IN
APPEAL NO.33/2012 PASSED BY THE HON'BLE
KARNATAKA APPELLATE TRIBUNAL AT ANNEX-A 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.33/2012 dated 15.03.2017.

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 3 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 Court, Tribunal or any authority competent under 4 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
              25.07.2011       passed      by     the
              2nd    respondent-           Assistant
              Commissioner      and     the     order
              dated 15.03.2017 passed by

Karnataka Appellate Tribunal in Appeal No.33/2012 are hereby quashed and set aside.

(ii) The proceedings in No.LRF.

              (1)85/2010-11        is         hereby
              declared as having abated.

     Ordered accordingly.


                                               SD/-
                                              JUDGE

rv

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