Karnataka High Court
Sri N R Jagadeesh vs State Of Karnataka on 30 March, 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.57849 OF 2018 (LR)
BETWEEN:
SRI N R JAGADEESH
S/O LATE N RUDRAIAH
AGED ABOUT 85 YEARS
AGRICULTURIST
R/O # OPPOSITE HMT FACTORY
B H ROAD, BATAVADI
TUMKUR-572 101 ... PETITIONER
(BY SRI.M.V.REVANASIDDAIAH, ADV.)
AND:
1. STATE OF KARNATAKA
BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
AMBEDKAR VEEDHI
BENGALURU-560 001
2. KARNATAKA APPELLATE TRIBUNAL
M S BUILDING
VIDHANA VEEDHI
BENGALURU-560 001
3. ASSISTANT COMMISSIONER
TUMKUR SUB DIVISION
TUMKUR CITY-572 101
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4. TAHASILDAR
TUMKUR TALUK
TUMKUR CITY-572 101 ... RESPONDENTS
(BY SRI.A.R.SRINIVASA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO CALL FOR THE ENTIRE RECORDS OF THE
PROCEEDINGS IN APPEAL NO.473/2012 ON THE FILE OF
THE R-2 KARNATAKA APPELLATE TRIBUNAL, BENGALURU
AND EXAMINE THE LEGALITY AND CORRECTNESS OF THE
IMPUGNED ORDER DTD 06.04.2018 VIDE ANNEXURE-A
AND SET ASIDE THE SAME AS UNJUST AND ILLEGAL.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is said to have purchased 14 guntas, 11 guntas and 17 guntas of agricultural land by three separate sale deeds in Sy.No.60/1A situated at Batavadi Village, Kasaba Hobli, Tumkur Taluk. Proceedings were initiated by the respondent No.1 against the petitioner for purchasing the said lands in violation of provisions of Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as 'the Act' for short) and an impugned order dated 28.03.2012 came to be passed 3 wherein, the lands have been forfeited to the Government. Aggrieved by the same, petitioner has preferred Appeal Nos.473, 474 and 475/2012 before the Karnataka Appellate Tribunal (KAT), which came to be dismissed. Aggrieved by the same, the instant writ petition is filed.
2. The writ petition is filed in the year 2018 and is pending till today. In the interregnum, amendment has been introduced to Karnataka Land Reforms Act wherein, Sections 79A and 79B of the Act have been deleted and as per Section 12 of the Karnataka Act No.56 of 2020, all cases pending before any Court as on the date of promulgation of the Karnataka Land Reforms (Amendment) Ordinances, 2020 pertaining to Sections 79A, 79B and 79C shall stand abated. The relevant date i.e., the date of which the Karnataka Land Reforms (Amendment) Ordinance, 2020 was gazetted is 13.07.2020.
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3. Thus, in the light of the aforementioned amendment, the proceedings initiated against the petitioner herein stands abated and the orders passed by respondent No.3 - Assistant Commissioner vide Annexure
- F to the writ petition bearing Nos.LRF.(79A- 79B).CR.182/2008-09, LRF.(79A-79B).CR.183/2008-09 and LRF.(79A-79B).CR.184/2008-09 dated 28.03.2012 and respondent No.2 - Karnataka Appellate Tribunal vide Annexure - A to the writ petition bearing Nos.473, 474 and 475 of 2012 dated 06.04.2018 are hereby set aside and the writ petition is hereby allowed.
In view of disposal of the main appeal, pending I.As. if any, does not survive for consideration.
Sd/-
JUDGE MH/-