Karnataka High Court
Sri R Srinivas Raju vs The State Of Karnataka on 5 January, 2022
Author: R Devdas
Bench: R Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF JANUARY, 2022
BEFORE
THE HON' BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO. 24430 OF 2021 (LR)
BETWEEN
SRI. R. SRINIVAS RAJU
S/O SRI N. R. RAJU
AGED ABOUT 50 YEARS,
OCC: AGRICULTURE
R/AT NO.38/39, BHOODIHALA VILLAGE,
KASABA HOBLI, DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT - 562 110.
... PETITIONER
(BY SRI. ANAND.P., ADVOCATE)
AND
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M. S. BUILDING, DR. AMBEDKAR VEEDHI
BENGALURU - 560 001
REPRESENTED BY ITS SECRETARY.
2. ASSISTANT COMMISSIONER
DODDABALLAPURA SUB-DIVISION
DODDABALLAPURA TALUK
BENGALURU RURAL DISTRICT - 561 203.
3. THE TAHSILDAR
DEVANAHALLI TALUK
DEVANAHALLI
2
BENGALURU RURAL DISTRICT - 562 110.
...RESPONDENTS
(BY SRI.R. SRINIVAS GOWDA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 03.09.2018 PASSED IN PROCEEDINGS NO.
LRF:SR(DE)/152/2008-09 BY THE R2 VIDE ANNEXURE-H;
QUASH THE ORDER DATED 26.03.2021 PASSED IN APPEAL
NO.514/2019 BY KARNATAKA APPELLATE TRIBUNAL,
BENGALURU, VIDE ANNEXURE-J.
THIS WRIT PETITION COMING ON FOR ORDERS, 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 Section 79A and 79B of the Act. The petitioner is also aggrieved by the subsequent order of the Karnataka Appellate Tribunal in Appeal No.514/2019 dated 26.03.2021.3
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 provisions of Section 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 Section 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 the Karnataka Appellate Tribunal. Sub-section (2) of Section 4 12 of the Amending Act clearly provides that if the proceedings are pending before any Court, Tribunal or any authority competent under the provisions of the Principal Act as on the date of the promulgation of the Ordinance, 2020, such proceedings shall stand abated.
4. Learned counsel has also brought to the notice of this Court that co-ordinate benches have passed orders in various writ petition including W.P.No.41744/2019, W.P.No.51851/2016 etc. taking note of the saving clause under Section 12 of the Amending Act.
5. For the reasons stated above, this Court proceeds to pass the following :ORDER:
(i) The impugned orders dated 03.09.2018 passed by the 2nd respondent-
Assistant Commissioner and the Karnataka Appellate Tribunal in Appeal 5 No.514/2019 are hereby quashed and set aside.
(ii) The proceedings in No.LRF:
SR(DE)/152/2008-09 is hereby
declared as having abated.
Ordered accordingly.
Sd/-
JUDGE
KLY/