Sri Kalivaraprasad K vs The State Of Karnataka on 19 January, 2022

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Karnataka High Court

Sri Kalivaraprasad K vs The State Of Karnataka on 19 January, 2022

Bench: R Devdas

                         1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 19TH DAY OF JANUARY, 2022

                      BEFORE

          THE HON'BLE MR.JUSTICE R DEVDAS

       WRIT PETITION NO.46739 OF 2015 (LR)

BETWEEN:

1.     SRI KALIVARAPRASAD K
       S/O LATE GANGAIAH
       AGED 56 YEARS

2.     SMT. THAYI KUMARI K
       W/O SRI KALIVARAPRASD K
       AGED ABOUT 51 YEARS

       BOTH ARE RESIDING AT NO.117,
       1ST MAIN ROAD, M.L.A LAYOUT,
       R.T NAGAR POST
       BENGALURU - 560032.
                                 ....PETITIONERS
(BY SRI. K.HANUMANTHARAYAPPA, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REP. BY IS SECRETARY FOR REVENUE
       M.S BUILDING
       BENGALURU - 560001

2.   THE ASSISTANT COMMISSIONER
     (SUB-DIV BANGALURU NORTH TALUK
     V.V TOWER, BENGALURU - 560001.
                                ....RESPONDENTS
(BY SRI R SRINIVAS GOWDA, AGA)
                            2




     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO SET ASIDE THE ORDER DATED 07.09.2015
PASSED BY THE KARNATAKA APPELLATE TRIBUNAL AT
BANGALURU, IN APPEAL NO.1082/2011 VIDE ANNEX-C
AND ETC.

     THIS  WRIT   PETITION COMING    ON  FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:

                           ORDER

R. DEVDAS J., (ORAL):

The petitioners are 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 Sections 79A and 79B of the Act. The petitioners are also aggrieved by the subsequent order of the Karnataka Appellate Tribunal in Appeal No.1082/2011 dated 07.09.2015.

2. The learned counsel for the petitioners draws the attention of this Court to the Karnataka 3 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 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 Sections 79A, 79B and 79C shall stand abated.

3. Admittedly, as on the date of Ordinance, the appeal filed by the petitioners herein was pending before this Court. Sub-section (2) of Section 12 of the Amending Act clearly provides 4 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 :ORDER:

     (i)      The   impugned      order         dated
              25.07.2011 passed by the 2nd
              respondent-                 Assistant
              Commissioner    and        the    order
              dated 07.09.2015 passed by

Karnataka Appellate Tribunal in Appeal No.1082/2011 are hereby quashed and set aside.

(ii) The proceedings in No.LRF:

(BE)26/2010-11 is hereby declared as having abated.

5. The Karnataka Appellate Tribunal should also take note of the amendment brought to the Karnataka Land Reforms Act, deleting Sections 79- A, 79-B and 79-C from the statute book and the mandate of sub-section (2) of Section 12 of the Amending Act declaring all pending proceedings before the Tribunal as abated. Therefore, the Tribunal shall pass appropriate orders disposing of all pending proceedings accordingly. A copy of this order shall be forwarded to the Registrar of Karnataka Appellate Tribunal, for compliance.

6. Similarly, the Principal Secretary, Department of Revenue shall also issue a Circular to all the competent authorities before whom the proceedings initiated under Sections 79-A, 79-B and 79-C are pending consideration and ensure that all proceedings are declared abated in terms of the Amendment act.

7. A copy of this order shall also be forwarded to the Principal Secretary, Department of Revenue, Government of Karnataka, for immediate action.

Ordered accordingly.

Sd/-

JUDGE rv/JT

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