Sri K M Narayanappa vs Assistant Commissioner on 12 January, 2021

[Cites 4, Cited by 0]

Karnataka High Court

Sri K M Narayanappa vs Assistant Commissioner on 12 January, 2021

Bench: P.B. Bajanthri

                               1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 12TH DAY OF JANUARY, 2021

                           BEFORE

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

         WRIT PETITION NO.25155/2019 (LR)

BETWEEN:

SRI. K.M. NARAYANAPPA
DEAD BY HIS LR'S

1(A)   SMT. NAGAMMA,
       W/O LATE K.M. NARAYANAPPA
       AGED ABOUT 77 YEARS,

1(B)   MR. N. MANJUNATH
       S/O LATE K.M. NARAYANAPPA
       AGED ABOUT 57 YEARS,

1(C)   MR. CHANDRAPPA
       S/O LATE K.M. NARAYANAPPA
       AGED ABOUT 55 YEARS,

1(D) MR. N. SHIVAKUMAR,
     S/O LATE K.M. NARAYANAPPA
     AGED ABOUT 50 YEARS,

1(E)   MR. N. PRAKASH
       S/O LATE K.M. NARAYANAPPA
       AGED ABOUT 42 YEARS,

1(F)   MR. N. NAGESH,
       S/O LATE K.M. NARAYANAPPA
       AGED ABOUT 39 YEARS,

PROPOSED RESPONDENT NO.5 TO 10 ALL ARE
RESIDING AT #213, BAGALURU,
JALA HOBLI, BANGALORE NORTH
TALUK- 562 149
                                2




1(G) SMT. N. GIRIJAMMA
     D/O. LATE K.M. NARAYANAPPA
     AGED ABOUT 53 YEARS,
     RESIDING AT NERAGANAHALLI VILLAGE,
     KUNDANA HOBLI
     DEVANAHALLI TALUK

1(H) SMT. N. KAMALA
     D/O. LATE K.M. NARAYANAPPA
     AGED ABOUT 47 YEARS,
     BOMMAVARA VILLAGE,
     KASABA HOBLI
     DEVANAHALLI TALUK

1(J)   SMT. N. MAMATHA
       D/O. LATE K.M. NARAYANAPPA
       AGED ABOUT 44 YEARS,
       MAVALLIPURA VILLAGE,
       HESARAGHATTA HOBLI
       BANGALORE NORTH TALUK

1(K)   SMT. N. ANITHA,
       D/O. LATE K.M. NARAYANAPPA
       AGED ABOUT 36 YEARS,
       SEEGEHALLI VILLAGE,
       TUBAGERE HOBLI
       DODDABALLAPURA TALUK               ... PETITIONERS

(BY SRI. UNNIKRISHNAN M, ADVOCATE)

AND:

1.     ASSISTANT COMMISSIONER,
       CHIKKABALLAPURA SUB-DIVISION,
       CHIKKABALLAPURA.

2.     THE TAHSILDAR
       GOWRIBIDANUR TALUK,
       CHIKKABALLAPUR DISTRICT.

3.     SRI NARAYANA VENKATA RAO PATIL
       @ N V PATIL, S/O VENKATA RAO,
       NO.31/1, NANDA GOKUKLA,
       1ST MAIN ROAD, PALACE
       GUTTAHALLI, BANGALORE - 560 003
                                      3




4.         MR. RAMACHANDRAPPA
           S/O. A. RANGAPPA,
           AGED ABOUT 51 YEARS,
           RESIDING AT NO.256,
           HALAGANAHALLI VILLAGE,
           KASABA HOBLI,
           GOWRIBIDANUR TALUK,
           CHIKKABALLAPUR DISTRICT.
                                                       ... RESPONDENTS
(BY SRI. KIRAN KUMAR T.L., AGA FOR R-1 & 2
    SRI. TANVEER A.S. AND
    SRI. A.R. GANGADHARAIAH, ADVOCATE FOR R-4
    R-3 SERVED & UNREPRESENTED)

     THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN
APPEAL 233/2012, BEFORE THE KARNATAKA APPELLATE TRIBUNAL
AND TO; AND ETC.,

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

                                 ORDER

In the instant petition petitioners have prayed for the following reliefs:

a) Issue a Writ of certiorari or such other writ/s quashing the order Dated: 28.03.2019 in appeal No. 233/2012 i.e., Annexure 'A' passed by the Karnataka Appellate Tribunal Bangalore.

b) Issue a Writ of certiorari or such other writ/s quashing the order Dated 26.08.2011 in LRF:79 AB/CR/02/2007-08 i.e., Annexure 'G' passed by the Assistant Commissioner, Chikkaballapura i.e., the First Respondent.

c) To award costs and grant such other relief, which this Hon'ble Court may deem fit under the circumstances of the case in the interests 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 28.03.2019 in appeal No.233/2012 i.e., Annexure 'A' passed by the Karnataka Appellate Tribunal Bangalore and order Dated 26.08.2011 in LRF:79 AB/CR/02/2007-08 vide Annexure 'G' passed by the Assistant Commissioner, Chikkaballapura are set aside. Writ petition stands allowed.

Sd/-

JUDGE BS

Unlock Advanced Research with PRISMAI

Karnataka High Court