Abdul Muyeed Alias Shahab vs The State Of Karnataka on 6 January, 2021

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Karnataka High Court

Abdul Muyeed Alias Shahab vs The State Of Karnataka on 6 January, 2021

Bench: P.B. Bajanthri

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 06TH DAY OF JANUARY, 2021

                           BEFORE

     THE HON'BLE MR.JUSTICE P.B. BAJANTHRI


         WRIT PETITION NO.55156/2018(LR)
BETWEEN:

ABDUL MUYEED ALIAS SHAHAB
SON OF LATE M.A. RASHEED,
AGED ABOUT 51 YEARS,
RESIDING AT NO. 5/2-3,
BENSON CROSS, BENSON TOWN,
BANGALORE - 560 046.                           ... PETITIONER

(BY SRI. BHARATI PATIL FOR
    SRI. KAMAL & BHANU & M.G.S. KAMAL, ADVOCATES)

AND:

1.     THE STATE OF KARNATAKA
       BY ITS SECRETARY,
       REVENUE DEPARTMENT,
       M.S. BUILDING,
       BENGALURU - 560 001.

2.     THE ASSISTANT COMMISSIONER
       PANDAVAPURA SUB DIVISION,
       PANDAVAPURA - 571 434.

3.     THE TAHSILDAR
       SRIRANGAPATANA TALUK,
       SRIRANGAPATANA - 571 438.             ... RESPONDENTS

(BY SRI. KIRAN KUMAR T.L., AGA)

     THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE
RECORDS IN APPEAL NO. 604/2017 FROM THE KARNATAKA
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APPELLATE TRIBUNAL AND ALSO IN CASE NO. BHOO SU: PAR
(SHREE)/44/2015-16 THE R-2 AND AFTER GOING THROUGH THE
PROPERTY OR OTHERWISE AND ETC.,

     THIS PETITION COMING ON FOR ORDERS PHYSICAL
HEARING/VIDEO CONFERENCING HEARING (OPTIONAL), THIS DAY,
THE COURT MADE THE FOLLOWING:-


                              ORDER

In the instant petition, petitioner has prayed for the following reliefs:-

a) set aside the Order dated 08.06.2018 passed by the Karnataka Appellate Tribunal in Revenue Appeal No. 604 of 2017 as per Annexure-A.

b) set aside the order dated 04.03.2017 passed by the Second Respondent in Case No. BHOO SU: PARI (SHREE) 44/2015-16 as per Annexure-H.

c) Consequently allow the Petition and declare that the order passed by the Assistant Commissioner, Pandavapura Division, Pandavapura, is illegal; as per Annexure-'H'.

d) pass such other Order / Orders as this Hon'ble Court deems fit to grant in the nature of the case.

2. During the pendency of the present petition, State Government has issued ordinances bearing Nos.13 of 2020 and 23 of 2020 on 13.07.2020 and 02.11.2020 3 respectively while deleting Sections 79A and 79B of the Karnataka Land Reforms Act, 1961.

3. In terms of the aforesaid ordinances and in view of decision passed by a co-ordinate bench of this Court in W.P. No.41744/2019 (LR) decided on 10.12.2020 that the proceedings stood abated, impugned orders dated 08.06.2018 (Annexure-A) passed by the Karnataka Appellate Tribunal, Bengaluru in Revenue Appeal No.604/2017 and dated 04.03.2017 (Annexure-H) issued by the Assistant Commissioner, Pandavapura sub-division, Pandavapura are set aside, writ petition stands allowed.

Sd/-

JUDGE KPS

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