Karnataka High Court
Mallikarjunagouda vs The State And Ors on 14 July, 2021
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF JULY, 2021
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.200814 OF 2018 (LR)
BETWEEN:
MALLIKARJUNAGOUDA
S/O KARNAPPAGOUDA PATIL
AGED ABOUT 58 YEARS,
OCC: AGRICULTURE, R/O KELLUR
TALUK: JEWARGI, DIST: KALABURAGI
...PETITIONER
(BY SRI. GANESH KALABURAGI, ADV. FOR
SRI. AMEET KUMAR DESHPANDE, ADV.)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRL. SECRETARY
DEPARTMENT OF REVENUE, VIDHANA SOUDHA
BENGALURU - 560001
2. THE ASSISTANT COMMISSIONER
KALABURAGI SUB-DIVISION
KALABURAGI - 585102
3. THE TAHSILDAR
AFZALPUR, TALUK: AFZALPURA
DIST: KALABURAGI - 585102
...RESPONDENTS
(BY SRI. SHARANABASAPPA M. PATIL, HCGP)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 17.11.2017 PASSED IN APPEAL
NO.767/2015 (REVENUE) PASSED BY THE KARANATAKA
APPELLATE TRIBUNAL, BENGALURU, THE CERTIFIED COPY
OF WHICH IS AT ANNEXURE-D, WHEREIN THE ORDER
DATED 27.05.2015 PASSED BY THE ASSISTANT
COMMISSIONER, KALABURAGI IN FILE NO.REV/BHU.SU/
79A & B/74/2014-15 IS CONFIRMED, THE COPY OF WHICH
IS AT ANNEXURE-A; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioner aggrieved by the order dated 17.11.2017 passed in Appeal No.767/2015 by the Karnataka Appellate Tribunal, Bengaluru (hereinafter referred to as 'the KAT' for short), vide Annexure-D and also the order dated 27.05.2015 passed by the Assistant Commissioner, Kalaburagi, vide Annexure-A, has filed the present writ petition.
2. Brief facts leading to the filing of this writ petition are as under:
3
That on 03.02.2013, one Imamsab, S/o. Saifan Sab Revoorkar executed an agreement for sale in favour of the petitioner herein in respect of land bearing Sy.No.204/2 measuring 4 acres 24 guntas situated at Afzalpur for an amount of Rs.5,94,000/-. After receiving the entire consideration amount from the petitioner, promised to execute the registered sale deed after obtaining the survey sketch map (Form No.11E) and other related documents. The said Imamsab executed a registered sale deed in respect of the aforesaid land on 17.10.2014 under registered document No.3556/2014-15. The name of the petitioner was entered in the revenue record by a mutation register No.H-67 dated 21.10.2014. The petitioner was an agriculturist prior to purchase of land in Sy.No.204/2. The Tahsildar, Afzalpur by letter dated 05.12.2014, informed the Assistant Commissioner about the suspicion of the registered sale deed in respect of land in Sy.No.204/2 as barred 4 by Section 79A and 79B of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as 'the said Act of 1961' for short). The Assistant Commissioner obtained the income tax returns for the assessment years 2010-11 to 2014-15 from the petitioner and recorded a finding that the income of the petitioner is more than Rs.2,00,000/- and is hit by Section 79A of the said Act of 1961 and directed vesting of said land in the State. The petitioner aggrieved by the order passed by the Assistant Commissioner, filed an appeal before the KAT. The KAT dismissed the appeal filed by the petitioner. Hence the petitioner has filed this writ petition.
3. Heard the learned counsel for the petitioner and learned HCGP.
4. Learned counsel for the petitioner submits that the matter is covered by the order of this Court 5 passed in W.P.No.200973/2021 dated 24.05.2021, and hence prays to allow the writ petition.
5. Learned HCGP does not dispute the same.
6. I have perused the records and also considered the submissions made by them.
7. It is not in dispute that the petitioner has purchased the aforesaid land under registered sale deed dated 17.10.2014 and on the basis of the registered sale deed, the name of the petitioner was entered in the revenue records. The Tahsildar informed the Assistant Commissioner about violation of Sections 79A and 79B of the said Act of 1961. The Assistant Commissioner called the petitioner to furnish income tax returns and on the basis of the same, the Assistant Commissioner held that the sale deed dated 17.10.2014 is hit by Sections 79A and 79B of the said Act of 1961 and directed vesting of said land in favour 6 of the State. During the pendency of the present writ petition, the Karnataka Land Reforms (Second Amendment) Act, 2020 (hereinafter referred to as 'the Amendment Act' for short), came into force as per the Karnataka Act 56/2020 and same was published in Karnataka Gazette Extraordinary No.719 on 30.12.2020. Section 2 of the Amendment Act reads as follows:
"(2) Sections 3, 4, 5, 6, 7 and 11 shall be deemed to have been come into force with effect from the 1st day of March 1974 and remaining provisions shall come into force at once."
8. Further the Act has also brought an amendment to Sections 79A, 79B and 79C to the Principal Act which reads as follows:
"4. Omission of Section 79A.- In the Principal Act, Section 79-A shall be omitted.7
5. Omission of Section 79B.- In the Principal Act, Section 79-B shall be omitted.
6. Omission of Section 79C.- In the Principal Act, section 79-C shall be omitted."
By virtue of the Amendment Act, Sections 79A, 79B and 79C are omitted from the Principal Act with effect from 01.03.1974.
9. In the present case, the petitioner has challenged the order passed by KAT, confirming the order passed by the Assistant Commissioner, Kalaburagi. In view of pendency of the present writ petition, the impugned order has not attained finality. Sub-section 2 of Section 12 of the Amendment Act provides that all the cases pending before any Court, Tribunal or other authority under the provisions of Principal Act on the date of promulgation of Karnataka Land Reforms (Amendment) Ordinance 2020 8 (Karnataka Ordinance 13 of 2020) pertaining to Sections 79A, 79B and 79C shall also stand abated. The said amended provisions are applicable to the present case in hand.
10. In view of the aforesaid observations, I proceed to pass the following:
ORDER The writ petition is allowed.
The order dated 17.11.2017 passed by the KAT in Appeal No.676/2015 and the order dated 27.05.2015, passed by the Assistant Commissioner, Kalaburagi, are hereby abated.
Respondent No.3 is directed to enter the name of the petitioner in the revenue records.
SD/-
JUDGE RD