Sri S B Shivakumaraiah vs The State Of Karnataka on 6 January, 2021

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Karnataka High Court

Sri S B Shivakumaraiah vs The State Of Karnataka on 6 January, 2021

Bench: P.B. Bajanthri

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 06TH DAY OF JANUARY, 2021

                           BEFORE

     THE HON'BLE MR.JUSTICE P.B. BAJANTHRI


        WRIT PETITION NO.50836/2018 (LR)
BETWEEN:

SRI. S.B. SHIVAKUMARAIAH,
S/O LATE MR. BASAVANNA,
AGED ABOUT 63 YEARS,
RESIDING AT SULIKERE VILLAGE,
SULIKERE POST, KENGERI HOBLI,
BANGALORE - 560 060                              ... PETITIONER

(BY SRI. JAYAKUMAR S. PATIL SENIOR COUNSEL FOR
    SRI. NARAYANASWAMY .K., SRI HARI A.V. &
    SRI. S.V. RAGHAVENDRA (NOC), ADVOCATES)


AND:

1.     THE STATE OF KARNATAKA
       BY ITS SECRETARY,
       REVENUE DEPARTMENT,
       VEDHANA SOUDHA,
       BENGALURU - 560 001.

2.     ASSISTANT COMMISSIONER
       RAMANAGARA SUB-DIVISION,
       RAMANAGARA DISTRICT,
       RAMANAGARA - 571 511.

3.     THE TAHSILDAR
       RAMANAGARA TALUK,
       RAMANAGARA - 571 511.                 ... RESPONDENTS

(BY SRI. KIRAN KUMAR T.L., AGA)
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      THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DATED 20.09.2018 PASSED IN APPEAL No.1167/2016 PASSED
BY THE KARANATAKA APPELLATE TRIBUNAL AT BENGALURU VIDE
ANNEXURE-A,    CONFIRMING    THE   IMPUGNED   ORDER   DATED
21.11.2016 PASSED BY THE R-2 VIDE ANNEXURE-D, IN SO FAR AS
THE SCHEDULE PROPERTY IS CONCERNED AND TO DECLARE THAT
THE   IMPUGNED    ORDER    AT   ANNEXURE-D,  AS   ARBITRARY,
UNCONSTITUTIONAL AND ILLEGAL AND ETC.,

     THIS PETITION COMING ON FOR ORDERS PHYSICAL
HEARING/VIDEO CONFERENCING HEARING (OPTIONAL), THIS DAY,
THE COURT MADE THE FOLLOWING:-


                             ORDER

In the instant petition, petitioner has prayed for the following reliefs:-

a) Issue a writ of certiorari, writ or direction, by quashing the impugned order dated 20.09.2018 passed in Appeal No. 1167/2016 passed by the Karnataka Appellate Tribunal at Bengaluru Vide Annexure-A, confirming the impugned order dated 21.11.2016 in respect of L.R.F:79A&B/Ra/42/2013-14 passed by the 2nd Respondent vide Annexure-D, in so for as the schedule property is concerned and to declare that the impugned order at Annexure-D, as arbitrary, unconstitutional and illegal.

b) To grant such and further reliefs as this Hon'ble Court deem fit to grant under the circumstances of the case, in the interest of justice and equity.

2. During the pendency of the present petition, State Government has issued ordinances bearing Nos.13 of 2020 and 23 of 2020 on 13.07.2020 and 02.11.2020 respectively while deleting Sections 79A and 79B of the Karnataka Land Reforms Act, 1961.

3. In terms of the aforesaid ordinances and in view of decision passed by a co-ordinate bench of this Court in W.P. No.41744/2019 (LR) decided on 10.12.2020 that the proceedings stood abated, impugned orders dated 20.09.2018 (Annexure-A) passed by the Karnataka Appellate Tribunal, Bengaluru in Revenue Appeal No.1167/2016 and dated 21.11.2016 (Annexure-D) issued by the Assistant Commissioner, Ramanagara sub-division, Ramanagara District are set aside, writ petition stands allowed.

Sd/-

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