Karnataka High Court
Sri. Jayanthilal Bokadia vs The Assistant Commissioner on 28 March, 2022
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.28379 OF 2019 (LR)
BETWEEN:
SRI. JAYANTHILAL BOKADIA,
S/O SRI. POOKRAJ BOKADIA,
AGED ABOUT 46 YEARS,
RESIDING AT NO.303,
MANTRI PRIDE, NEAR MADHAVAN PARK,
1ST BLOCK, 1ST CROSS,
MOUNTAIN ROAD, JAYANAGAR,
BENGALURU - 11.
...PETITIONER
(BY SRI. SAGAR G.NAHAR, ADVOCATE FOR
SRI. M.R. KRISHNAMURTHY)
AND:
1. THE ASSISTANT COMMISSIONER,
BENGALURU SOUTH DIVISION,
BENGALURU - 560 002.
2. THE TAHSILDAR,
BENGALURU SOUTH - DIVISION
BENGALURU - 560 002.
... RESPONDENTS
(BY SRI. SRINIVAS.A.R, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER
PASSED BY THE KARNATAKA APPELLATE TRIBUNAL (KAT) AT
BENGALURU, DATED 20.02.2019 IN APPEAL NO.88/2009 AT
ANNEXURE-A AND ETC.
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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
Aggrieved by the order passed by the 1st respondent by its order dated 21.01.2009 in L.R.F.(83)K/80/2007-08 vide Annexure - B to the writ petition and the order of the Karnataka Appellate Tribunal (KAT), Bengaluru dated 20.02.2019 in Appeal No.88/2009 is produced at Annexure - A to the writ petition, the appellant therein has filed the instant writ petition.
2. The case of the petitioner is that he purchased 1 acre of land in Sy.No.82 (old Sy.No.40) in Golahalli Village, Kengeri Hobli, Bengaluru South Taluk on 18.05.2007. In respect of the purchase, proceedings were initiated against him for violation of provisions of Section 79-A and B and Section 80 of Karnataka Land Reforms Act, 1961 by the 1st respondent. It was found that the purchase was in violation of Section 79-A and B of the Karnataka Land Reforms Act and the land purchased by the petitioner was forfeited to the Government. Aggrieved by the same, petitioner preferred appeal No.88/2009 before the Karnataka Appellate Tribunal which on 20.02.2019 came to be dismissed. Aggrieved by the same, the instant writ petition is filed in the year 2019.
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3. During the pendency of the writ petition, the Karnataka Land Reforms (Amendment) Ordinance, 2020 has been passed and thereafter, Karnataka Land Reforms (second amendment) Act, 2020 has been passed by which Section 79A and 79B of the Act are repealed with effect from 01.03.1974 and has the effect of the proceedings initiated under Section 79(A) and (B) as in the instant case being abated. Hence, the petitioner prays the impugned orders passed by the 1st respondent as well as Karnataka Appellate Tribunal be set-aside.
4. Learned Additional Government Advocate upon instructions submit that the writ petition may be allowed.
5. Admittedly, the proceedings initiated against the petitioner for purchase of agricultural land in violation of Section 79(A) and 79(B) of Karnataka Land Reforms Act has to be considered as pending. Section 12 of the Karnataka Land Reforms (Second amendment) Act, 2020 reads as under:
12. Savings.-(1) Notwithstanding the omission of sections 79A, 79B and 79C with effect from 1st day of March 1974, all cases finally disposed off before the promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020) shall remain unaffected by the said Ordinance.4
(2) All cases pending before any Court, tribunal or other authority competent under the provisions of the Principal Act on the date of promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020) pertaining to sections 79A, 79B and 79C shall hereby stand abated.
6. In the instant case, the order passed by the 1st respondent has been challenged by the petitioner before the Karnataka Appellate Tribunal and the order passed by the Karnataka Appellate Tribunal has been challenged before this Court by way of writ petition without any delay and the same is still pending. With the passing of the Karnataka Land Reforms (second amendment) Act, 2020, all cases pending before any Court, Tribunal or other authority competent under the provisions of the Principal Act on the date of promulgation of Karnataka Land Reforms (Amendment) Ordinance 2020 pertaining to Section 79A and 79B shall stand abated. Karnataka Land Reforms (Amendment) Ordinance 2020 was promulgated on 13.07.2020. Accordingly, the proceedings in the instant case also stand abated and the impugned orders at Annexures B and A to the writ petition passed by the 1st 5 respondent and Karnataka Appellate Tribunal respectively is liable to be set-aside. Hence, the following:
ORDER
(i) The proceedings initiated by the 1st respondent against the petitioner for purchase of land in violation of provisions of Section 79A and 79B of the Karnataka Land Reforms Act, 1961 stands abated.
(ii) Consequently, the impugned order dated 21.01.2009 bearing No.L.R.F.(83)K/80/07-08 passed by the 1st respondent vide Annexure - B to the writ petition is hereby set-aside.
(iii) The order of the Karnataka Appellate Tribunal passed in appeal No.88/2009 dated 20.02.2019 vide Annexure- A to the writ petition is hereby set-aside.
Writ petition disposed of accordingly.
Sd/-
JUDGE brn