Karnataka High Court
Sri B R Bhaskar vs State Of Karnataka on 19 January, 2022
Author: R Devdas
Bench: R Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.9280 OF 2015 (LR)
BETWEEN:
SRI. B.R.BHASKAR,
SON OF LATE RAMAIAH,
AGED ABOUT 51 YEARS,
RESIDING AT "THIMMAKKA ESTATE"
BRINDAVANA, RAMSWAMY PALYA,
MARATH HALLI POST,
BANGALORE - 560 037.
....PETITIONER
(BY SRI. RAMESH N J, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE ASSISTANT COMMISSIONER,
KOLAR SUB - DIVISION,
NEAR COURT CIRCLE,
KOLAR - 563 101.
3. TAHASILDAR,
KOLAR TALUK,
NEAR COURT CIRCLE,
KOLAR - 563 101.
...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 IMPUGNED PROCEEDINGS
INITIATED BY THE ASSISTANT COMMISSIONER, KOLAR
SUB DIVISION, KOLAR THE R-2 HEREIN IN CASE
NOS.LRF.CR 411/2014-15, LRF.CR.412/2014-15 AND IN
NO.LRF.CR.130/2014-15 BY THE ASSISTANT
COMMISSIONER, KOLAR SUB - DIVISION, THE R-2
HEREIN PRODUCED AT ANNEXURE - M, N, O IN
RESPECT OF THE LAND IN SY.NO.39, 40 & 43 OF
SWAMI GOLLAHALLI GRAMA, VAKKALERI HOBLI, KOLAR
TQ., PURCHASED BY THE PETITIONER AS PER THREE
COMMON DATE 10.10.2013 REGISTERED SALE DEEDS
VIDE ANNEXURE - A, B & D AS ILLEGAL AND NOT
MAINTAINABLE IN LAW AND ETC.,
THIS WRIT PETITION COMING ON FOR HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
The petitioner is aggrieved by the initiation of the proceedings in L.R.F:CR No.411/2014-15 and L.R.F:CR.No.412/2014-15 both dated 11.12.2014 and in LRF.CR.130/2014-15 dated 04.12.2014 passed by the second respondent-Assistant Commissioner, invoking the provisions of Section 83 of the Karnataka Land Reforms Act, 1961 for 3 violation of the provisions contained in Sections 79A and 79B of the Act.
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 Section 79A, 79B and 79C shall stand abated. 4
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. The contention of the petitioner is that on an earlier occasion, when proceedings were initiated against the petitioner for violation of Sections 79A and 79B of the Karnataka Land Reforms Act, in L.R.F.C.R.No.195/2013-14, after holding enquiry, the Assistant Commissioner came to a conclusion that the petitioner is an agriculturist and therefore, there is no violation of Sections 79A and 79B of the Act. Nevertheless, in respect of two other properties which were purchased by the petitioner, 5 the impugned proceedings in L.R.F:CR No.411/2014-15 and L.R.F:CR.No.412/2014-15 were initiated by the Assistant Commissioner. This writ petition is filed challenging the subsequent proceedings initiated at the hands of the Assistant Commissioner.
5. By order dated 28.04.2015 interim order of stay as prayed for was granted by this Court. Therefore, it is evident that as on the date of the Amending Act, 2020, the proceedings were pending consideration before this Court.
6. For the reasons stated above, this Court proceeds to pass the following:
:ORDER:
(i) The impugned proceedings in
L.R.F:CR No.411/2014-15 and
L.R.F:CR.No.412/2014-15 both
dated 11.12.2014 and in
LRF.CR.130/2014-15 dated
04.12.2014 passed by the
second respondent - Assistant
6
Commissioner are hereby
quashed and set aside.
Ordered accordingly.
SD/-
JUDGE
rv