Karnataka High Court
Sri. Harish Krishnamurthy vs State Of Karnataka on 3 January, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:192
WP No. 22798 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 22798 OF 2023 (LR)
BETWEEN:
SRI. HARISH KRISHNAMURTHY
S/O B S KRISHNAMURTHY
AGED ABOUT 45 YEARS
R/AT NO.1452, 1ST CROSS
JUDICIAL LAYOUT,
BANGALORE-560065
REPRESENTED BY ITS POWER
OF ATTORNEY HOLDER
P RAVINDRA PAI
AGED ABOUT 46 YEARS
R/AT NO.10/1,
LAKSHMINARAYANA COMPLEX,
Digitally signed
by JUANITA PALACE ROAD, VASANTHNAGAR
THEJESWINI BANGALORE-560001
Location: HIGH
COURT OF ...PETITIONER
KARNATAKA
(BY SRI. CHANDAN K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
AMBEDKAR VEEDHI,
VIDANA SOUDHA
BANGALORE-560001
DEPT OF REVENUE
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NC: 2024:KHC:192
WP No. 22798 of 2023
2. ASSISTANT COMMISSIONER
BANGALORE NORTH SUB DIVISION
BANGALORE-560001
3. TAHASILDAR
BANGALORE NORTH
(ADDITIONAL) TALUK
BANGALORE-560064
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE ORDER PASSED BY R1 IN LRF(83) BNA 24/2008.09 DTD
19.09.2008 WHICH IS PRODUCED AT ANNX-A AND SET ASIDE
THE ORDER PASSED BY THE K.A.T IN APPEAL NO.958/2008
PASSED ON 16.01.2019 WHICH IS PRODUCED AT ANNX-B AND
ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
This is a proceeding initiated under Section 79A and 79B of the Karnataka Land Reforms Act. The petitioner herein purchased 3 acres and 5 guntas of land in Sy.No.74 of Kadathnamale Village, Hesarghatta Hobli, under a registered sale deed dated 30.11.2007. Proceedings were -3- NC: 2024:KHC:192 WP No. 22798 of 2023 initiated by the competent authority/Assistant Commissioner in proceedings bearing No.LRF(83) (BNA) 24/2008-09 for contravention of the provisions. An order was passed by the Assistant Commissioner on 19.09.2008 holding that the sale was in contravention of the provisions contained in Section 79A and 79B of the Act. The petitioner filed an appeal before the Karnataka Appellate Tribunal in Appeal No.958/2008. However, by order dated 16.01.2019 the appeal was dismissed for non- prosecution.
2. Learned counsel for the petitioner submits that the petitioner was not aware of the fact that the appeal was dismissed for non-prosecution. Nevertheless, the petitioner filed a review petition in Rev.Misc. No.41/2022 before the Tribunal and the Tribunal passed the impugned order dated 21.08.2023 declining to accept the reasons furnished for condonation of delay of 1319 days in filing the revision petition.
3. This court had several occasions to consider such cases where writ petitions are filed long after the -4- NC: 2024:KHC:192 WP No. 22798 of 2023 provisions contained in Section 79A, 79B and 79C were omitted from the statute book in terms of the Karnataka Land Reforms (Second Amendment) Act, 2020. It is the consistent opinion of this Court that if at any rate the Assistant Commissioner, after forfeiting the land has not disposed of the same in accordance with law then the benefit of the saving clause contained in Section 12 of the amending act is required to be given to such petitioners. The Assistant Commissioner is therefore required to ascertain, whether the declared excess lands or forfeited lands still remain with the State Government or has been granted to third parties. If the lands have been granted to third party, then sub-section(1) of Section 12 of the amending Act will apply to say that the proceedings have reached finality. Or otherwise, sub-section (2) of Section 12 of the Amending Act will apply and all further proceedings shall be declared as abated by the Assistant Commissioner.
4. For the reasons stated above, this Court proceeds to pass the following;
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NC: 2024:KHC:192 WP No. 22798 of 2023 :ORDER:
(i) The writ petition stands disposed of.
(ii) The impugned order dated 21.08.2023 passed by the Karnataka Appellate Tribunal in Rev.Mis.No.41/2022 (in Appeal No.958/2008) is hereby quashed and set aside.
(iii) The matter is remitted back to the respondent-Assistant Commissioner to consider the case of the petitioner including the consequences of the subsequent amendment brought to the provisions of Sections 79A and 79B of the Karnataka Land Reforms Act in Karnataka Amendment No.56 of 2020.
(iv) The petitioner shall appear before the respondent-Assistant Commissioner on 22.01.2024 without waiting for further notice from the Assistant Commissioner. -6-
NC: 2024:KHC:192 WP No. 22798 of 2023
(v) If revenue entries have been altered pursuant to the impugned order dated 21.08.2023, the same shall be restored in favour of the petitioner.
Ordered accordingly.
6. Learned AGA is permitted to file memo of appearance within a period of four weeks from today.
Sd/-
JUDGE KLY CT: JL