Karnataka High Court
Shri Mahesh Naik S/O Sudakar Naik vs State Of Karnataka on 25 January, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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WP No. 100504 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 25TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 100504 OF 2024 (LR-)
BETWEEN:
SHRI. MAHESH NAIK S/O SUDAKAR NAIK
AGED ABOUT 40 YEARS,
R/AT. NO. 1601/A, WING KAILASH TOWER,
M G ROAD, BHOHARA COLONY,
MUMBAI-400007.
R/BY HIS GPA HOLDER,
SHRI RAJESH GANAPATI NAIK,
AGED ABOUT 43 YEARS, GAYATRI NAGAR,
5TH CROSS, BANAVASI ROAD,
SIRSI-581401.
...PETITIONER
SUJATA (BY SRI. VINAYKUMAR GANAPATI BHAT.,ADVOCATE)
SUBHASH
PAMMAR
AND:
Digitally signed by
SUJATA SUBHASH
PAMMAR 1. STATE OF KARNATAKA
Date: 2024.02.02 REP. BY ITS PRINCIPAL SECRETARY,
21:32:18 -0800
REVENUE DEPARTMENT,
VIKASA SOUDHA, AMBEDKAR VEEDHI,
BANGALORE-560001.
2. ASSISTANT COMMISSIONER
SIRSI SUB DIVISION, SIRSI,
UTTARA KANNADA DISTRICT-581401.
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WP No. 100504 of 2024
3. TAHASILDAR
MINI VIDHANA SOUDHA,
SIRSI, UTTARA KANNADA
DISTRICT-581401.
4. SMT. BHAVANI W/O ESHWARAPPA
AGED ABOUT 62 YEARS,
R/AT. KAMALAPURA VILLAGE,
CHANDRAGUTTE, SORABHA,
SHIMOGGA-577429.
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R3;
NOTICE TO R4 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
A) ISSUE A WRIT OF CERTIORARI BY SETTING ASIDE OR
QUASHING THE IMPUGNED ORDER DATED. 08-11-2019 IN
APPEAL NO. 911/2015 (REVENUE) PASSED BY THE KARNATAKA
APPELLANT TRIBUNAL, BENGALURU VIDE ANNEXURE-A.
B) ISSUE A WRIT OF CERTIORARI BY SETTING ASIDE OR
QUASHING THE ORDER DATED. 28-08-2008 PASSED BY THE
2ND RESPONDENT BEARING NO. BHUSU/CR-4/07-08 VIDE
ANNEXURE-C AND SUBSEQUENTLY DIRECT THE RESPONDENT
NO. 1 TO REINSTATE THE REVENUE ENTRY IN THE NAME OF
THE PETITIONER TO THEIR RESPECTIVE LANDS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 100504 of 2024
ORDER
The order dated 8.11.2019 passed by the Karnataka Appellate Tribunal, Bengaluru in Appeal No.911/2015, and the order dated 28.8.2008 passed by the respondent No.2 forfeiting the land for violation of Section 79-A, B and C of the Karnataka Landforms Act is impugned in this petition.
2. The respondent No.2 in exercise of power under Section 83 of the Karnataka Land Reforms Act after issuing notice to the parties, held that the sale transaction in respect of Sy.No.235/A part of measuring 2 guntas of Sirsi Village, Sirsi Talulk is null and void, against which, the petitioners filed Appeal No.911/2015 before the Karnataka Appellate Tribunal. The Karnataka Appellate Tribunal dismissed the appeal confirming the order passed by the respondent No.2. Taking exception to the same, this petition is filed.
3. The learned counsel for the petitioners argues that, in view of the omission of Section 79-A, B and C of the Karnataka Land Reforms Act, all pending proceedings in respect of violation of the said provision would stand abated in view of the Amendment Act, 2020. He further submits that in identical circumstances, this Court in WP No.82392/2013 has declared that the proceedings therein stand abated.
4. The learned Additional Government Advocate submits that, the impugned order was passed before omission of Section 79-A, B and C of the Land Reforms act. Therefore, -4- NC: 2024:KHC-D:1907 WP No. 100504 of 2024 the proceedings do not stand abated, since the omission is with prospective effect.
5. Considered the submissions made by the learned counsel for the parties
6. As of today, the lawful possession of the subject agricultural land has not been taken by the government in light of the order passed by the respondent No.2. The State Government by Act No.56/2020 omitted Section 79A, 79B and 79C of the Act. Section 12 of the Act, 2020 deals with savings and it states that notwithstanding the omission of Sections 79A, 79B and 79C w.e.f 1st day of March, 1974, all cases finally disposed of before the promulgation of the Karnataka Land Reforms Act (Amendment) Ordinance, 2020 shall remain unaffected. Sub-Section (2) of the Act states that all cases pending in any Court pertaining to Section 79A, 79B and 79C shall hereby stand abated.
7. Therefore, the lawful possession of subject land having not been taken by the Government, the impugned order passed by the respondent No.2 stands abated. Accordingly, I pass the following:
ORDER
i) The petition is allowed.
ii) The impugned order dated 8.11.2019 in Appeal No.911/2015 passed by the Karnataka Appellate Tribunal, vide Annexure-A and the order dated 28.8.2008 passed by the respondent No.2 vide Annexure-C stand quashed.-5-
NC: 2024:KHC-D:1907 WP No. 100504 of 2024
iii) The respondent No.3 is hereby directed to restore the name of the petitioner in the revenue records after deleting the name of the government in respect of Sy.No.235/A part of measuring 2 guntas of Sirsi Village, Sirsi Talulk within one month from the date of receipt of certified copy of this order.
Sd/-
JUDGE BKM CT:GSM List No.: 1 Sl No.: 17