Karnataka High Court
Shaik Mahamood S/O Shaik Ameerhamza vs The State Of Karnataka And Ors on 10 March, 2022
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10 TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO.200452 OF 2022 (LR-SEC)
BETWEEN:
SHAIK MAHAMOOD S/O. SHAIK AMEERHAMZA
AGE: 45 YEARS, OCCUPATION: AGRICULTURE
R/O. AT POST NANDAGAON
TQ: HUMNABAD, DIST: BIDAR -585413
... PETITIONER
(BY SRI PREETAM DEULGAONKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH SECRETARY REVENUE
DEPARTMENT, M.S.BUILDING
BENGALURU - 560001
2. ASSISTANT COMMISSIONER
BASAVAKALYAN
DIST: BIDAR-585401
3. TAHASILDAR
HUMANABAD, DIST: BIDAR-585401
4. REVENUE INSPECTOR
HUMNABAD, DIST: BIDAR
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5. VILLAGE ACCOUNTANT
NANDAGAON VILLAGE-585413
... RESPONDENTS
(BY SRI. SHIVAKUMAR R. TENGLI, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING
CERTAIN RELIEFS.
THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Preetam Deulgaonkar, learned counsel for petitioner and learned Additional Government Advocate for respondents have appeared in person.
2. Though the matter is listed regarding compliance of office objection, with the consent of learned counsel, it is heard finally.
3. The facts are briefly stated as under:
It is stated that the petitioner purchased the land Sy.No.274/*/1, measuring 1 Acre 25 Guntas (including 5 Guntas of Pot Kharab), situated at Nandgaon Village, 3 Humnabad Taluka, Bidar District. The petitioner purchased the said land from one Lakkamma W/o. Channappa and Smt.Sridevi W/o. Kallappa Subhanji, both resident of Nandgaon Village, Humnabad Taluka, Bidar District, under a registered sale deed dated 16.10.2019 for a consideration of Rs.2,60,000/- (Rupees Two Lakhs Sixty Thousand Only).
The petitioner is running a transport business and he has purchased the said land from the income derived from that source only. The petitioner has paid the consideration amount as well as the requisite stamp duty and other charges while executing the sale deed. The petitioner is now in possession of the said land and cultivating the same since from the date of purchase of the land. The total income of the petitioner was less than Rs.5,00,000/- (Rupees Five Lakhs Only).
The petitioner has applied for mutation of the revenue records in his name before - Assistant Commissioner-respondent No.2 after the purchase. 4 Accordingly, his name was entered in the Record of Rights vide mutation order H-17/2019-20 dated 16.10.2019. The Record of Rights for the year 2019-20 shows the name of the petitioner. It is averred that the Tahasildar - respondent No.3 suspected the petitioner's status as an Agriculturist and his source of income was also not confirmed. It was also suspected that there might be violation of Sections 79(A) and 79(B) of the Karnataka Land Reforms Act, 1961 (for short 'KLR Act, 1961).
Based on the allegation and suspicion of the agricultural status and violation of Section 79(A) and 79(B) of KLR Act, 1961, the Assistant Commissioner- respondent No.2 passed an order on 05.03.2020 in REV/79(A)(B)/CR-35/2019-20/7571-72 (PÀA: 79(A)(B): ¹ Dgï-35/2019-20/7571-72). The Assistant Commissioner directed the respondent to forfeit the land and insert the entry in the revenue records as "Government of Karnataka". Accordingly, Tahasildar respondent No.3 has deleted the name of the petitioner from the revenue 5 records and name of "Government of Karnataka" has been inserted.
Under these circumstances, petitioner having left with no other efficacious or alternative remedy has filed this Writ Petition under Articles 226 and 227 of the Constitution of India.
4. Heard the contentions urged on behalf of the petitioner and respondents and perused the writ petition papers with care.
5. Learned counsel for the petitioner submits that the matter is covered by the order of this Court passed in W.P.No.200973/2021 dated 24.05.2021 and hence, prays to allow the writ petition. Learned Additional Government Advocate accords the said submission.
6. It is not in dispute that the petitioner has purchased the land bearing Sy.No.274/*/1 under a registered sale deed in the year 2019 and on the basis of the registered sale deed, the name of the petitioner is also 6 entered in the revenue records. The Tahasildar informed the Assistant Commissioner about violation of Sections 79(A) and 79(B) of the KLR Act, 1961. The Assistant Commissioner has deleted the name of the petitioner from the Record of Rights and directed to enter the name of the Government of Karnataka in the Record of Rights.
Suffice it to note that the Assistant Commissioner passed an order that there is violation of Section 79(A) and 79(B) of the Karnataka Land Reforms Act, 1961 and directed vesting of the land in favor of the State.
It is significant to note that the Assistant Commissioner passed the impugned order on 05.03.2020. The Karnataka Land Reforms (Second Amendment) Act, 2020 came into force as per the Karnataka Act 56/2020 (hereinafter referred to as 'the Amendment Act for short ) came into force as per the Karnataka Act 56/2020 and the same was published in Karnataka Gazette Extraordinary No.719 on 30.12.2020. Section 2 of the Amendment Act reads as under:
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"(2) Sections 3, 4, 5, 6, 7 and 11 shall be deemed to have been come into force with effect from the 1st day of March 1974 and remaining provisions shall come into force at once."
Further, the Act has also brought an amendment to Sections 79A, 79B and 79C to the Principal Act which reads as follows:
" 4. Omission of Section 79A.- In the Principal Act, Section -79A shall be omitted.
5. Omission of Section 79B.- In the Principal Act, Section 79-B shall be omitted.
6. Omission of Section 79C.- In the principal Act, section 79-C shall be omitted".
By virtue of the Amendment Act, Sections 79(A), 79(B) and 79(C) of the KLR Act, 1961 are omitted from the Principal Act with effect from 01.03.1974.
Suffice it to note that the Assistant Commissioner passed the order in the month of March 2020. The 8 provisions of Sections 79(A) and 79(B) are omitted by the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020). The publication in Karnataka Gazette Extraordinary No.719 is on 30.12.2020. It is also clarified by the State that all the pending proceedings would abate in view of amendment. Hence, the order passed by the Assistant Commissioner is liable to be quashed.
7. In the result, the writ petition is allowed. The order dated 05.03.2020 passed by respondent No.2 - Assistant Commissioner in ¸ÀASÉå:PÀA/79(J)(©)/¹Dgï-35/2019-20 /7571-72 is quashed.
Sd/-
JUDGE Srt