Sri H Yeshwanth Shenoy vs The Assistant Commissioner on 22 February, 2022

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Karnataka High Court

Sri H Yeshwanth Shenoy vs The Assistant Commissioner on 22 February, 2022

Bench: R. Devdas

                           1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 22ND DAY OF FEBRUARY, 2022

                        BEFORE

          THE HON' BLE MR.JUSTICE R. DEVDAS

          WRIT PETITION NO.12621 OF 2018 (LR)

BETWEEN

SRI H YESHWANTH SHENOY
S/O LATE H V SHENOY
AGED ABOUT 48 YEARS
AGRICULTURIST
R/AT NO 35, 3RD MAIN,
ASHWINI LAYOUT
EJIPURA, KORAMANGALA
BENGALURU - 560034                    ...PETITIONER

(BY SRI.H.R. ANANTHA KRISHNA MURTHY, ADVOCATE)

AND

1.     THE ASSISTANT COMMISSIONER
       BENGALURU NORTH SUB DIVISION
       KANDAYA BHAVANA
       BENGALURU - 560009

2.     THE TAHASILDAR
       BENGALURU NORTH TLAUK (ADDL)
       YELAHANKA
       BENGALURU - 560064           ...RESPONDENTS

(BY SRI.A.R. SRINIVASA, AGA)
                            2




     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER DATED 15.9.2017 PASSED BY THE
KARNATAKA      APPELLATE       TRIBUNAL    IN   APPEAL
NO.764/2015, AND BY CONFIRMING THE ORDER PASSED
BY THE ASSISTANT COMMISSIONER, BENGALURU, DATED
2.7.2004,   PRODUCED    VIDE   ANNEXURES   -B   AND   E.
AND ETC.,


     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:


                        ORDER

R. DEVDAS J., (ORAL):

The petitioner is aggrieved by the order of forfeiture passed by the 1st 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.764/2015 dated 15.09.2017. 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 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. 4

3. Admittedly, as on the date of Ordinance, the writ petition 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 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
               02.07.2004         passed        by      the
               1st            respondent-Assistant

Commissioner and the order dated 15.09.2017 passed by Karnataka Appellate Tribunal in Appeal 5 No.764/2015 are hereby quashed and set aside.

       (ii)     The proceedings in No.LRF (83)
                BNA    32/2002-03     is     hereby
                declared as having abated.


              Ordered accordingly.




                                            Sd/-
                                           JUDGE
JT/-

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