Karnataka High Court
Milapchand S/O Late Jugaraj Jain vs The State Of Karnataka on 16 November, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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WP No. 104380 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 104380 OF 2022 (KLR-RES)
BETWEEN:
MILAPCHAND S/O LATE JUGARAJ JAIN,
AGE. 68 YEARS, OCC. AGRICULTURE AND BUSIENSS,
R/O. NO. 604, 'C' BLOCK, RAHEJA PARK,
MAGADI MAIN ROAD, BENGALURU-560079.
...PETITIONER
(BY SRI. K L PATIL, ADVOCATE AND SRI. S.S.BETURMATH,
ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
BENGALURU-560001.
2. THE ASSISTANT COMMISSIONER
BALLARI DIVISION,
OFFICE OF THE ASSISTANT COMMISSIONER
BALLARI-583101.
3. THE TAHASILDAR
SANDUR TALUK,
OFFICE OF THE TAHASILDAR,
SANDUR, DIST. BALLARI-583101.
...RESPONDENTS
(BY SRI. M.H.PATIL, AGA FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITION OF INDIA PRAYING TO A) ISSUE WRIT ORDER OR
DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ORDER
BEARING NO. BHU.SU.79A AND 79B, 239/2011-12 DATED 20/07/2015
PASSED BY THE RESPONDENT NO. 2 VIDE ANNEXURE-B.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 104380 of 2022
ORDER
Petitioner claims to have purchased land bearing survey No.134(part) measuring 1.33 acre situated at Chikkanthapura of Sandur Taluk in Ballari district through registered sale deed dated 18.01.2022 and in pursuance of the same, the name of the petitioner was mutated in the revenue records in respect of the subject land.
2. Respondent No.2 initiated proceedings against the petitioner for having purchased the subject land in violation of Section 79A and 79B of the Karnataka Land Reforms Act, 1961. The respondent No.2 by impugned order dated 20.07.2015 declared the sale deed executed in favour of the petitioner as null and void and vested the land with the State Government free from all encumbrance. Taking exception to the same this writ petition is filed.
3. Learned counsel appearing for the petitioner submits that the lawful possession of the subject land having not been taken, the impugned order passed by the respondent No.2 stands abated in view of omission of Section 79A and 79B of the Act with effect from 13.07.2020.
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4. Learned Additional Government Advocate appearing for the respondent-State submits that though several notices were issued to the concerned Officer to furnish information as to whether lawful possession has been taken or not, the Officer concerned has not furnished. However, he submits that the present petition is not maintainable, since the land vested with the State Government free from all encumbrances and the name of the Government is mutated in the revenue records.
5. I have examined the submissions of learned counsel for the parties.
6. Section 79A and 79B of the Karnataka land Reforms Act, 1961 came to be omitted with effect from 13.07.2020 and respondents-State having not produced any documents to establish that the lawful possession of the subject land was taken, the impugned order passed by the respondent No.2 stands abated in view of the omission of the said provisions. Even otherwise, the impugned order does not indicate that the income of the petitioner or his family members for the five years preceding the date of sale exceeds more than 2 lakh per annum. Though the petitioner has not the produced any documents the respondent No.2 in the absence of any material cannot hold that the income of the petitioner or the average income of the family members was more -4- WP No. 104380 of 2022 than 2 lakh per year for five years preceding date of sale. Accordingly, I pass the following:
ORDER Writ Petition is allowed.
Impugned order the dated 20.07.2015 passed by the respondent No.2 at Annexure-B is hereby quashed. The respondent No.3 is hereby directed to delete the name of the Government and restore the name of the petitioner in the revenue records in respect of the subject land within the 4 weeks from the date of receipt of certified copy of this order.
Sd/-
JUDGE AC List No.: 1 Sl No.: 18