Karnataka High Court
T R Eshwarachar vs The State Of Karnataka on 24 August, 2022
Author: R Devdas
Bench: R Devdas
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WP No. 53682 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 53682 OF 2018 (LR)
BETWEEN:
1. T R ESHWARACHAR
S/O LATE T N RAMACHAR
AGED ABOUT 62 YEARS
R/O NO.9, GANIGARA LANE
M B T ROAD, NAGARTHPETE CROSS,
BANGALORE-560002.
Digitally signed ...PETITIONER
by JUANITA
THEJESWINI (BY SRI. VENKATESH KUMAR K.M., ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. THE STATE OF KARNATAKA
RPTD BY ITS TAHSILDAR
TIPATUR-57001
TUMKUR DISTRICT
2. ASSISTANT COMMISSIONER
SUB-DIVISION
TIPATURU-57001
TUMKURU DISTRICT
...RESPONDENTS
(BY SRI. SESHU.V, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
JUDGEMENT/ORDER DATED 21.6.2013 PASSED BY THE
ASSISTANT COMMISSIONER, TIPATUR SUB-DIVISION,
TUMKUR DISTRICT IN RESPECT OF SCHEDULE PROPERTY
(ANNEXURE-P) AND TO DROP THE ENTIRE PROCEEDINGS
BEING NOT MAINTAINABLE IN LAW AND ETC.
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WP No. 53682 of 2018
THIS WRIT PETITION COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioner is aggrieved by the order of forfeiture 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 Section 79A and 79B of the Act. The petitioner is also aggrieved by the subsequent order of the Karnataka Appellate Tribunal in Appeal No.168/2014 dated 08.06.2018.
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 -3- WP No. 53682 of 2018 (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 writ petition filed by the petitioner herein was 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 -4- WP No. 53682 of 2018 :ORDER:
(i) The impugned orders dated
21.06.2013 passed by the 2nd
respondent- Assistant Commissioner and the Karnataka Appellate Tribunal in Appeal No.168/2014 are hereby quashed and set aside.
(ii) The proceedings in No.LRF: 79(A) &
79(B) CR 34/09-10 are hereby
declared as having abated.
Ordered accordingly.
Sd/-
JUDGE
DL