Baale Mane Trust vs The Government Of Karnataka on 6 January, 2021

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Karnataka High Court

Baale Mane Trust vs The Government Of Karnataka on 6 January, 2021

Bench: P.B. Bajanthri

                               1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 06TH DAY OF JANUARY, 2021

                           BEFORE

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


         WRIT PETITION NO.13407/2014 (LR)

BETWEEN:

BAALE MANE TRUST
REPRESENTED BY ITS
MANAGING TRUSTEE
MRS. C. MARY
AGED ABOUT 50 YEARS,
121 GOPALPURA
RAILWAY GOLLAHALLI POST
BANGALORE - 562 123                             ... PETITIONER

(BY SRI. A MURALI, J. SAGAR ASSOCIATES, ADVOCATES)

AND:

1.     THE GOVERNMENT OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       VIDHANA SOUDHA
       BANGALORE - 560 001

2.     THE DEPUTY COMMISSIONER
       BANGALORE URBAN DISTRICT
       KEMPEGOWDA ROAD
       BANGALORE - 560 009

3.     REGIONAL COMMISSIONER
       BMTC BUILDING
       SHANTHINAGAR
       K.H. ROAD, BANGALORE - 27

4.     THE SUB-REGISTRAR
       MADANAYAKANAHALLI
       NO.1, MADANAHAKANAHALLI
                                  2




      DASANAPURA HOBLI,
      BANGALORE - 93

5.    THE DISTRICT REGISTRAR,
      RAJAJINAGAR,
      OPPOSITE NAGARBHAVI
      BDA COMPLEX, BANGALORE - 93
                                              ... RESPONDENTS
(BY SRI. SRINIVASA GOWDA, HCGP FOR R-1 TO R-5)

      THIS WRIT PETITION FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY
THE R-3 DATED NOVEMBER 2013 VIDE ANN-K 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, petitioner has prayed for the following reliefs:-

a) issue a writ of certiorari or writ of like nature and quash the order passed by the 3rd Respondent in LRF/CR/08/12-13 dated November 2013 marked as Annexure K; and

b) direct the fourth and fifth Respondents to register the sale deed in respect of the Lands in favour of the Petitioner; and

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

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 order dated NIL/11/2013 (Annexure-K) issued by the Regional Commissioner, Shanthinagar, Bengaluru is set aside, writ petition stands allowed.

Sd/-

JUDGE KPS 4 PBBJ: W.P.No.13407/2014 11.01.2021 ORDERS ON 'FOR BEING SPOKEN TO' Heard.

Learned counsel for the State clarifies that petitioner's grievance has been rejected on the ground that petitioner-Trust is barred in purchasing any agricultural land under Section 79 (B)(b)(i) of the Karnataka Land Reforms Act, 1961.

Sd/-

JUDGE MBM

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