Karnataka High Court
Susheela Venkatramana Gaowankar vs The Asst Commissioner on 14 June, 2023
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
WP No. 85770 of 2013
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 14TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 85770 OF 2013 (LR)
BETWEEN:
SMT. SUSHEELA VENKATRAMANA GAOWNKAR,
AGE: 48 YEARS, R/AT: UNCHALLI,
SIDDAPUR TALUK, NORTH KANARA.
... PETITIONER
(BY SRI. S G HEGDE, ADVOCATE)
AND:
1. THE ASST. COMMISSIONER,
SIRSI SUB-DIVISION, SIRSI.
2. THE TAHSILDAR,
SIDDPUR TALUK, DIST: NORTH KANARA.
3. SRI. SADANANDA MAHABALESHWAR BHAT,
AGE: MAJOR.
4. SMT. GOWRI W/O SADANANDA BHAT,
Digitally AGE: MAJOR.
signed by
RAKESH S
HARIHAR 5. SRI. VISHWANATH SADANANDA BHAT,
RAKESH Location: AGE: MAJOR.
S High Court of
Karnataka,
HARIHAR Dharwad 6. SMT. BHARATHI SADANANDA BHAT,
Date:
2023.06.15 AGE: MAJOR.
11:01:41
+0530 7. SMT. ARATHI SADANANDA BHAT,
AGE: MAJOR.
8. SMT. SUMATHI SADANANDA BHAT,
AGE: MAJOR.
RESPONDENT NOS.3 TO 8 ARE RESIDING AT
UNCHALLI VILLAGE, SIDDAPUR TALUK,
DIST: NORTH KANARA.
... RESPONDENTS
(BY SRI. M H PATIL, AGA FOR R1 & R2;
NOTICE TO RESPONDENT NOS.3 TO 8 IS DISPENSED WITH)
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WP No. 85770 of 2013
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER WRIT OR DIRECTION QUASHING
ANNEXURE-L ORDER BEARING APPEAL NO.27/2011 DATED
20.02.2013 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL
AT BANGALORE AND CONSEQUENTLY TO ALLOW THE SAID APPEAL.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. Learned counsel for the petitioner has filed a memo seeking dispensation of service of notice on respondent Nos.3 to 8. The memo is taken on record. Service of notice on respondent Nos.3 to 8 is dispensed with at the risk of the petitioner.
2. The petitioner has filed the instant writ petition with the prayer to quash the order at Annexure-L, dated 20.02.2013, passed by the Karnataka Appellate Tribunal.
3. Heard the learned counsel appearing for the parties.
4. The petitioner, who had suffered an order at the hands of the Assistant Commissioner dated 15.11.2010 passed in exercise of power under Section 83 of the -3- WP No. 85770 of 2013 Karnataka Land Reforms Act against the petitioner on the ground that the petitioner had violated Sections 79A, 79B & 79C of the Karnataka Land Reforms Act, 1971 had preferred an appeal before the Karnataka Appellate Tribunal against the said order. The Karnataka Appellate Tribunal vide order impugned has dismissed the said appeal. It is under these circumstances, the petitioner is before this Court.
5. Learned counsel for the petitioner submits that during the pendency of the writ petition, the Karnataka Land Reforms (Amendment) Ordinance, 2020, has come into force and Sections 79A, 79B & 79C in the Principal Act has been omitted. He also submits that since the proceedings initiated for violation of Section 79B has not attained finality having regard to the fact that the present writ petition is pending consideration before this Court, the entire proceeding would stand abated. He further submits that identical matter has been disposed off by this Court in W.P. No.103430/2015, disposed off on 5th August 2021. -4- WP No. 85770 of 2013
6. Learned AGA appearing for respondent Nos.1 & 2 does not dispute the said submission.
7. Having regard to the same, this writ petition is allowed in terms of the order passed by this Court in W.P. No.103430/2015. In view of Section 13(2) of the Karnataka Land Reforms (Amendment) Ordinance 2020, the entire proceedings as well as the orders impugned vide Annexure-H, dated 15.11.2010, passed by respondent No.1 and Annexure-L, dated 20.02.2013 stand abated. Consequently, the vesting also stands abated and the entries in the revenue records of the lands in question shall be restored in the name of the petitioner.
Sd/-
JUDGE Vnp*/Ct:Bck List No.: 1 Sl No.: 4