Smt S Ranjani Devi vs The Tahasildhar on 19 January, 2022

[Cites 9, Cited by 0]

Karnataka High Court

Smt S Ranjani Devi vs The Tahasildhar on 19 January, 2022

Bench: R Devdas

                         1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 19TH DAY OF JANUARY, 2022

                      BEFORE

          THE HON'BLE MR.JUSTICE R DEVDAS

       WRIT PETITION NO.51053 OF 2016 (LR)
BETWEEN:

SMT. S RANJANI DEVI
W/O LATE SRI N RADHAKRISHNA
AGED ABOUT 65 YEARS
R/AT NO.26, RAMASWAMY MUTT ROAD,
IV CROSS, JAYABHARATHI NAGAR
BENGALURU - 560033.
                                      ....PETITIONER
(BY SRI. HIREMATH M.V, ADVOCATE)

AND:

1.     THE TAHASILDHAR
       BENGALURU NORTH TALUK
       KANDAYA BHAVAN
       K.G ROAD
       BENGALURU - 560001

2.     THE ASSISTANT COMMISSIONER
       BENGALURU NORTH SUB DIVISION
       KANDAYA BHAVAN
       K.G. ROAD
       BENGALURU - 560001.

3.     THE SECRETARY
       DEPARTMENT OF REVENUE
       GOVERNMENT OF KARNATAKA
       M.S BUILDING
       BENGALURU - 560001.
                                   ....RESPONDENTS
(BY SRI R. SRINIVAS GOWDA, AGA)
                            2




     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDER DATED 20.11.2014
PASSED BY HON'BLE KARNATAKA APPELLATE TRIBUNAL
IN APPEAL NO.110/2008 AS PER ANNEXURE-F AND
CONSEQUENTIAL ORDER DATED 14.07.2004 ISSUED BY
R-2 AS PER ANNEXURE-E AND ETC.,

     THIS WRIT PETITION COMING ON FOR ORDER
THIS DAY, THE COURT MADE THE FOLLOWING:

                      ORDER

R. DEVDAS J., (ORAL):

The petitioner is aggrieved by the order of forfeiture passed by the 2nd respondent - Assistant Commissioner invoking the provisions of Section 83 of the Karnataka Land Reforms Act, 1961 for violation of the provisions contained in Sections 79A and 79B of the Act. The petitioner is also aggrieved by the subsequent order of the Karnataka Appellate Tribunal in Appeal No.110/2008 dated 20.11.2014.

2. The learned counsel for the petitioner draws the attention of this Court to the Karnataka Land Reforms (Second Amendment) Act, 2020, Karnataka Act No.56 of 2020, whereby the 3 provisions of Sections 79A, 79B and 79C have been omitted. Moreover, as per Section 12 of the Amending Act, 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 Ordinance. Section 12 (2) provides that 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 stand abated.

3. Admittedly, as on the date of Ordinance, the appeal filed by the petitioner herein was pending before this Court. Sub-section (2) of Section 12 of the Amending Act clearly provides that if the proceedings are pending before any Court, Tribunal or any authority competent under 4 the provisions of the Principal Act as on the date of the promulgation of the Ordinance, 2020, such proceedings shall stand abated.

4. For the reasons stated above, this Court proceeds to pass the following :ORDER:

     (i)      The   impugned       order         dated
              14.07.2004        passed      by     the
              2nd    respondent-            Assistant
              Commissioner       and     the     order
              dated 20.11.2014 passed by

Karnataka Appellate Tribunal in Appeal No.110/2008 are hereby quashed and set aside.

(ii) The proceedings in No.LRF:

              BE:18/2002-03         is         hereby
              declared as having abated.

     Ordered accordingly.


                                                SD/-
                                               JUDGE
rv

Unlock Advanced Research with PRISMAI

Karnataka High Court