Karnataka High Court
Sri. Abdul Sattar S/O Abdul Raheem ... vs The Assistant Commissioner on 22 February, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC-D:4321
WP No. 100991 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 100991 OF 2024 (-)
BETWEEN:
1. SRI. ABDUL SATTAR S/O ABDUL RAHEEM SOUDAGAR
AGE: 52 YEARS, OCC: SOUDAGAR ONI,
SHIGGAOV, TQ: SHIGGAOV
DIST: HAVERI-581205
...PETITIONER
(BY SMT. ROOPA ANVEKAR, ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER
SAVANUR TALUK
HAVERI DISTRICT
PIN CODE. 581118
2. THE THAHASILDAR
TQ: SHIGGOV TALUK
SUJATA HAVERI DISTRICT
SUBHASH PIN CODE. 581205
PAMMAR ...RESPONDENTS
Digitally signed by
SUJATA SUBHASH
(BY SRI. V.S. KALASURMATH, HCGP)
PAMMAR
Date: 2024.02.27 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
23:34:32 -0800
THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF
CERTIORARI QUASHING THE ORDER PASSED BY THE
RESPONDENT NO. 1 ASSISTANT COMMISSIONER IN NO. 79A-
79B APSR VAHI/35/2016-17 DT. 04-06-2018 VIDE ANNEXURE-
A AND DIRECT THE RESPONDENTS TO ENTER THE NAME OF
PETITIONER IN THE MUTATION AND KHATHA.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:4321
WP No. 100991 of 2024
ORDER
The petitioner claims to have purchased the land bearing Sy. No.38/2B measuring 00.03 guntas under a registered sale deed dated 27.1.2015. The respondent No.1 initiated the proceedings under Section 83 of the Karnataka Landforms Act stating that the purchase of the subject land was in violation of Section 79A of the Karnataka Landforms Act. Thereafter, the respondent No.1 passed the impugned order declaring that the sale deed executed in favor of the petitioner is null and void, and forfeited the land with the government free from all encumbrances. The petitioner's grievance is that the impugned order was passed without issuing notice, and the same is in violation of principles of natural justice. The petitioner's further grievance is that the lawful possession having not been taken, the order passed by the respondent No.1 stands abated in view of omission of Section 79 A of the Act.
2. The learned High Court Government Pleader for the State submits that the impugned order was passed before omission of Section 79A of the Act. Therefore, the proceedings do not stand abated, since omission is in prospective effect.
3. Considered the submissions of the learned counsel for the parties.
4. As of today, the lawful possession of the subject agricultural land has not been taken by the government in light of the order passed by the respondent No.2. The State Government by Act No.56/2020 omitted Section 79A, 79B and 79C of the Act. Section 12 of the Act, 2020 deals with savings -3- NC: 2024:KHC-D:4321 WP No. 100991 of 2024 and it states that notwithstanding the omission of Sections 79A, 79B and 79C w.e.f 1st day of March, 1974, all cases finally disposed of before the promulgation of the Karnataka Land Reforms Act (Amendment) Ordinance, 2020 shall remain unaffected. Sub-Section (2) of the Act states that all cases pending in any Court pertaining to Section 79A, 79B and 79C shall hereby stand abated.
5. Though the respondent No.1 passed the impugned order, however, lawful possession of the subject land has not been taken, and therefore the proceedings on the file of the respondent No.1 does not stand finally concluded. Therefore, the impugned order passed by the respondent No.1 stands abated in view of Sub-Section (2) of Section 12 of the Amendment Act, 2020. Accordingly, I pass the following:
ORDER
i) The petition is allowed.
ii) The impugned order dated 4.6.2018 passed by the respondent No.1 at Annexure-A is hereby quashed.
iii) The respondent No.2 is directed to restore the name of the petitioner after deleting the name of the government in the revenue records pertaining to the subject line. The said exercise shall be completed within a period of two months from the date of receipt of certified copy of this order.
Sd/-
JUDGE BKM CT:CNB LIST NO.: 1 SL NO.: 58