Karnataka High Court
Mr Mohammed Mustafa vs The State Of Karnataka on 3 January, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:191
WP No. 26205 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. 26205 OF 2023 (LR)
BETWEEN:
MR MOHAMMED MUSTAFA
SINCE DEAD,
REP BY HIS LEGAL REPRESENTATIVES,
1. MRS SHAMSHAD SARWER,
W/O MR MOHAMMED MUSTAFA,
AGED ABOUT 58 YEARS,
2. MR MOHAMMED TOUSEEF AHMED
S/O MOHAMMED MUSTAFA,
AGED ABOUT 39 YEARS,
3. MS TANZEEM SARWER
D/O MOHAMMED MUSTAFA,
Digitally signed
by JUANITA AGED ABOUT 37 YEARS,
THEJESWINI
Location: HIGH 4. MR MOHAMMED TOUHID
COURT OF
KARNATAKA S/O MOHAMMED MUSTAFA,
AGED ABOUT 34 YEARS,
ALL ARE R/O NO.30 AND 31,
2ND CROSS, RAMAHA NAGAR,
PIPE LINE ROAD,
KUMAR SWAMY LAYOUT,
BANGALORE 560078
...PETITIONERS
(BY SRI. S.G. BHAGAWAN, ADVOCATE FOR
SRI. JAYAPRAKASH SHETTY B., ADVOCATE)
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NC: 2024:KHC:191
WP No. 26205 of 2023
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
KANDAYA BHAVAN,
K G ROAD,
BENGALURU 01
2. THE ASSISTANT COMMISSIONER
BANGALORE NORTH TALUK,
KANDAYA BHAVAN,
K G ROAD,
BENGALURU 01
3. THE THASILDAR
BANGALORE EAST TALUK,
K R PURAM,
BENGALURU 36
...RESPONDENTS
(BY SRI. SESHU V., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE RECORDS WHICH ULTIMATELY RESULTED IN PASSING
THE ORDER PASSED IN NO. LRF (830 BE/2/2005-06 DTD
2.11.2007 BY THE R-2 ANNX-M AND ENDORSEMENT ISSUED
BY THE R-3 MADE IN NO. IN NO. RRT (KA) CR.178/2023-24
DTD 2.11.2023 ANNX-N DTD 2.11.2023 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:191
WP No. 26205 of 2023
ORDER
R.DEVDAS J., (ORAL):
This is a matter arising out of the provisions contained in Section 79A & 79B of the Karnataka Land Reforms Act (for short 'the Act'). It is an admitted fact that Sri Mohammed Mustafa purchased about 5 acres of land in Sy.No.146/1, 146/2, 150/1 and 150/2 of Kannamangala Village, Bidarahalli Hobli, Bangalore East Taluk, under 7 separate sale deeds for the year 2004. However, proceedings were initiated invoking the provisions contained in Section 79A and 79B of the Act by the Assistant Commissioner, Bangalore North Taluk and impugned order was passed on 02.11.2007 declaring that the purchasers have violated the provisions contained in Section 79A and 79B of the Act.
2. The learned counsel for the petitioners submits that Sri Mohammed Mustafa, who had purchased the property in the year 2005 died on 18.10.2005 as could be seen from the death certificate at Annexure-J. Learned counsel would therefore submit that the impugned order -4- NC: 2024:KHC:191 WP No. 26205 of 2023 has been passed against a dead person and no information was available to the legal representatives of Sri Mohammed Mustafa.
3. Nevertheless, this Court has taken note of the amendment brought to the provisions in terms of the Karnataka Land Reforms (Second Amendment) Act, 2020, while omitting the provisions contained in Section 79A, 79B and 79C. It was also noticed that 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. -5-
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4. The contention of the petitioners who are legal representatives of Sri Mohammed Mustafa that the impugned order has been passed against a dead person has to be accepted. However the benefit flowing out of the amending Act may be available to the petitioners only if the lands in question have not been thereafter forfeited and disposed of in accordance with law. Under such circumstances benefit has been given to such persons who have approached this Court. 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. -6-
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5. For the reasons stated above, this Court proceeds to pass the following;
:ORDER:
(i) The writ petition stands disposed of.
(ii) The impugned order dated 02.11.2007 passed by the Assistant Commissioner 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. -7-
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(v) If revenue entries have been altered pursuant to the impugned order dated 2.11.2007, the same shall be restored in favour of the petitioners.
Ordered accordingly.
6. Learned HCGP is permitted to file memo of appearance within a period of four weeks from today.
Sd/-
JUDGE KLY CT: JL