Karnataka High Court
Sri E Krishnappa vs The Assistant Commisisoner on 29 July, 2022
Author: R Devdas
Bench: R Devdas
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WP No. 6005 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO.6005 OF 2021 (LR)
BETWEEN:
1. SRI E KRISHNAPPA
SON OF LATE ERAPPA,
AGED ABOUT 55 YEARS,
AGRICULTURIST,
R/AT NO.1, ADAKAMARANAHALLI VILLAGE,
21ST K M TUMKUR ROAD, MAKALI POST,
BENGALURU- 560023
...PETITIONER
(BY SRI. JAYAKIRTHI M C, ADVOCATE)
Digitally
signed by AND:
JUANITA
THEJESWINI
Location:
1. THE ASSISTANT COMMISISONER
HIGH BENGALURU NORTH SUB DIVISION,
COURT OF
KARNATAKA BENGALURU 560009
2. THE TAHSILDAR
BENGALURU NORTH SUB DIVISION,
BENGALURU 560009
...RESPONDENTS
(BY SRI. C.N.MAHADESHWARAN, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE RECORDS RELATING TO THE IMPUGNED ORDER DTD
06.11.2012 PASSED IN CASE NO. LRF(1)-180/2009-10 BY THE
R-1 VIDE ANNX-B AND ORDER DTD 10.10.2018 PASSED BY
THE KARNATAKA APPELLATE TRIBUNAL IN APPEAL
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WP No. 6005 of 2021
NO.574/2014 VIDE ANNX-C 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 respondent-Assistant Commissioner invoking the provisions of Section 83 of the Karnataka Land Reforms Act, 1961 for violation of the provisions contained in Section 79A and 79B of the Act. The petitioner is also aggrieved by the subsequent order of the Karnataka Appellate Tribunal in Appeal.No.574/2014 dated 10.10.2018.
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 Sections 79A, 79B and 79C have been omitted. Moreover, as per Section 12 of the Amending Act, all cases finally disposed off before the -3- WP No. 6005 of 2021 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.
3. Admittedly, as on the date of Ordinance, the appeal filed by the petitioner herein had been disposed of by the Karnataka Appellate Tribunal. 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- WP No. 6005 of 2021
4. Learned counsel has also brought to the notice of this Court that co-ordinate benches have passed orders in various writ petition including W.P.No.41744/2019, W.P.No.51851/2016 etc., taking note of the saving clause under Section 12 of the Amending Act.
5. It is the contention of the learned AGA that even as per the materials available on record, after forfeiture, the excess lands have been granted by the State Government to third parties. The Assistant Commissioner is therefore required to ascertain, whether the declared excess lands or forfeited lands still remain with the State Government or has been granted to third parties. If the lands have been granted to third party, then sub- section(1) of Section 12 of the amending Act will apply to say that the proceedings have reached finality. Or otherwise, sub-section (2) of Section 12 of the Amending Act will apply and all further proceedings shall be declared as abated by the Assistant Commissioner. -5- WP No. 6005 of 2021
6. For the reasons stated above, this Court proceeds to pass the following;
:ORDER:
(i) The matter is remitted back to the first respondent-Assistant Commissioner to consider the case of the petitioner including the consequences of the subsequent amendment brought to the provisions of Sections 79-A and 78-B of the Karnataka Land Reforms Act in Karnataka Amendment No.56 of 2020.
(ii) The petitioner shall appear before the respondent-Assistant Commissioner on 22nd August 2022, without waiting for further notice from the Assistant Commissioner.
(iii) If revenue entries have been altered pursuant to the impugned order dated 10.10.2018, the same shall be restored in favour of the petitioner.-6-
WP No. 6005 of 2021
Ordered accordingly.
Sd/-
JUDGE JT/-
CT:JL