Karnataka High Court
Smt. Shanthakumari. K. R vs The Tahasildar on 9 February, 2023
Author: R Devdas
Bench: R Devdas
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WP No. 45841 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 45841 OF 2018 (LR)
BETWEEN:
1. SMT. SHANTHAKUMARI. K. R.
W/O MANJAPPA K B
AGED ABOUT 50 YEARS,
RESIDING AT D KALLAHALLI VILLAGE,
DESHANI POST , JAVAGAL HOBLI,
ARASIKERE TALUK,
HASSAN DISTRICT - 573164
...PETITIONER
(BY SRI. RAJASHEKAR S .,ADVOCATE)
AND:
1. THE TAHASILDAR
PERIYAPATNA TALUK
MYSORE DISTRICT - 571 107
Digitally 2. THE ASSISTANT COMMISSIONER
signed by HUNASUR SUB DIVISION,
JUANITA
THEJESWINI PERIYAPATNA TALUK
Location: MYSORE DISTRICT - 571107
HIGH
COURT OF
KARNATAKA ...RESPONDENTS
(BY SRI SHESHU.V., HCGP )
THIS WRIT PETITION IS FILED PRAYING TO QUASH THE
ORDER DATED 31.08.2018 IN APPEAL NO. 327/2016 PASSED
BY THE KARNATAKA APPELLATE TRIBUNAL (MYSORE CAMP)
VIDE ANNEXURE-A, CONSEQUENTLY SET ASIDE THE ORDER
PASSED BY R2 DATED 30.03.2016 VIDE ANNEX-B.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 45841 of 2018
ORDER
R.DEVDAS J., (ORAL):
The petitioner is aggrieved by the order of forfeiture dated 30.03.2016 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.327/2016 dated 31.08.2018.
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 Section 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 -3- WP No. 45841 of 2018 of the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020) pertaining to Section 79A, 79B and 79C shall stand abated.
3. Admittedly, as on the date of Ordinance, the proceedings filed by the petitioner herein is 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 of forfeiture dated 30.03.2016 passed by the 2nd respondent-Assistant Commissioner and the order dated 31.08.2018 passed by the Karnataka Appellate Tribunal in -4- WP No. 45841 of 2018 Appeal No.327/2016 are hereby quashed and set aside.
(ii) The proceedings in L.R.F.188/2015-16 is hereby declared as having abated.
Ordered accordingly.
Sd/-
JUDGE JT/-