Karnataka High Court
Sri B Rama Mohan Reddy vs Assistant Commissioner on 28 July, 2022
Author: R Devdas
Bench: R Devdas
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WP No. 3940 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 3940 OF 2022 (LR)
BETWEEN:
SRI B RAMA MOHAN REDDY
S/O HAZRATH REDDY
AGED 49 YEARS
NO.C-404, PURVAVENIZIA APARTMENT
NEAR MOTHER DAIRY
YELAHANKA TOWN
BENGALURU-560 064.
Digitally
signed by
JUANITA ...PETITIONER
THEJESWINI
Location: (BY SRI. SANGAMESH R B., ADVOCATE)
HIGH
COURT OF
KARNATAKA
AND:
1. ASSISTANT COMMISSIONER
CHIKBALLAPUR SUB DIVISION,
CHIKBALLAPUR-562 101.
2. THE TAHSILDAR
CHIKBALLAPUR TALUK
CHIKBALLAPUR-562 101
...RESPONDENTS
(BY SRI. SESHU.V, HCGP)
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WP No. 3940 of 2022
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 18.09.2018 PASSED IN CASE
PASSED BY THE R1 BY DECLARING THE SAME AS ABATED
ANNEXURE-A AND GRANT AN INTERIM ORDER TO STAY THE
IMPUGNED ORDER DATED 18.9.2018 PASSED IN CASE ISSUED
BY R1 PENDING CONSIDERATION OF THE ABOVE WRIT
PETITION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned High Court Government Pleader takes notice for both the respondents.
2. This writ petition is filed calling in question the order dated 18.09.2018 passed in Appeal No.LRF:79AB:
CR:133/2012-13, by the first respondent - Assistant Commissioner, in a proceedings initiated under Section 83, for violation of the provisions of Section 79A and 79B of the Karnataka Land Reforms Act.
3. It is clear that this writ petition has been filed on 11.02.2021 after the amendment was brought to the Karnataka Land Reforms Act, in Karnataka Act No.56 of -3- WP No. 3940 of 2022 2020, omitting Sections 79A, 79B and 79C from the statute book.
4. Since an order passed by the Assistant Commissioner is appealable before the Revenue Appellate Tribunal, in terms of Section 118 (2) of the Act, the petitioner was required to approach the Tribunal. However, it is the submission of the learned counsel for the petitioner that the Karnataka Appellate Tribunal is not entertaining the appeals in view of the amendment brought to Sections 79A and 79B and 79C vide Karnataka Amendment Act No.56 of 2020, repealing the said provisions.
5. The submission of the learned counsel for the petitioner cannot be accepted. If the tribunal is of the view that if it cannot entertain appeal, the same should be put in writing. On the contrary, no material is placed on record to show that the appeal was indeed filed before the tribunal.
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6. Consequently, this writ petition stands disposed of directing the petitioner to file an appeal under Section 118(2) of the Karnataka Land Reforms Act, before the Karnataka Appellate Tribunal. The Tribunal is required to consider the appeal and pass orders in accordance with law.
7. Needless to observe that in view of the provisions contained in Section 12(2) of the Amending Act, 2020, the Tribunal will have to pass necessary orders declaring that the proceedings have abated.
Ordered accordingly.
8. Learned High Court Government Pleader is permitted to file Memo of Appearance within a period of four weeks from today.
Sd/-
JUDGE DL