Smt K Malini vs The Tahsildar on 3 February, 2022

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Karnataka High Court

Smt K Malini vs The Tahsildar on 3 February, 2022

Bench: R Devdas

                        1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 3RD DAY OF FEBRUARY, 2022

                     BEFORE

         THE HON'BLE MR.JUSTICE R DEVDAS

       WRIT PETITION NO.2546 OF 2020 (LR)

BETWEEN:

SMT.K.MALINI,
W/O M.R.SHIVAKUMAR,
AGED ABOUT 45 YEARS,
OCC: AGRICULTURE,
R/AT NO.25, KARNA SREE POINT,
ANANDA NAGAR,
MARTHAHALLI POST,
BANGALORE.
                             ....PETITIONER
(BY SRI.SHIVAPRASAD SHANTANAGOUDAR,
ADVOCATE)

AND:

1.     THE TAHSILDAR
       BENGALURU EAST TALUK,
       K.R.PURAM,
       BENGALURU-560036

2.   THE ASSISTANT COMMISSIONER
     BENGALURU NORTH SUB-DIVISION,
     KANDAYA BHAVAN,
     K.G.ROAD,
     BANGALORE-560009
                            ....RESPONDENTS
(BY SRI A.R. SRINIVAS, AGA)
                           2




     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDER DATED 10.02.2017 IN
THE APPEAL NO.128/2015 PASSED BY THE KARNATAKA
APPEALLATE TRIBUNAL AT ANNEXURE-C AND ALSO
QUASHING THE ORDER DATED 02.01.2015 PASSED BY
THE R-2 IN THE CASE AT ANNEXURE-B AS VOID AB
INITIO 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 2nd 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.128/2015 dated 10.02.2017.

2. The learned counsel for the petitioner draws the attention of this Court to the Karnataka Land Reforms (Second Amendment) Act, 2020, 3 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.

3. Admittedly, as on the date of Ordinance, the proceedings initiated by the petitioner herein was pending before the Court. Sub-section (2) of Section 12 of the Amending Act clearly provides that if the proceedings are pending before any 4 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
              02.01.2015       passed      by     the
              2nd         respondent-Assistant
              Commissioner      and     the     order
              dated 10.02.2017 passed by

Karnataka Appellate Tribunal in Appeal No.128/2015 are hereby quashed and set aside.

     (ii)     The         proceedings              in
              No.LRF(83)(BE)/84/2014-15            is
              hereby     declared     as      having
              abated.

     Ordered accordingly.

                                               SD/-
                                              JUDGE
rv

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