Mr. Mohamed Ali Khan vs State Of Karnataka on 27 September, 2022

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Karnataka High Court

Mr. Mohamed Ali Khan vs State Of Karnataka on 27 September, 2022

Bench: R Devdas

                         -1-


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 27TH DAY OF SEPTEMBER, 2022

                       BEFORE

           THE HON'BLE MR.JUSTICE R DEVDAS

        WRIT PETITION NO.14421 OF 2022 (LR)

BETWEEN

MR. MOHAMED ALI KHAN,
S/O LATE ABDUL HAMID KHAN,
AGED ABOUT 64 YEARS,
R/A ISLAMPURA VILLAGE,
KASABA HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT - 561 211.

REPRESENTED BY HIS
GPA HOLDER MR. RAJAK AHMED,
S/O LATE N. ABDUL KAREEM.
                                       ... PETITIONER
(BY SRI.BORE GOWDA D., ADVOCATE)

AND

1.     STATE OF KARNATAKA,
       REVENUE DEPARTMENT,
       VIDHANA SOUDHA,
       BANGALORE - 560 001.
       REPRESENTED BY ITS SECRETARY.

2.     THE ASSISTANT COMMISSIONER,
       DODDABALLAPURA SUB DIVISION,
       DODDABALLAPURA - 561 203.
                             -2-


3.   THE TAHSILDAR,
     NELAMANGALA TALUK,
     NELAMANGALA - 561 211.
                                         ... RESPONDENTS
(BY SRI. SESHU V., HCGP)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER DATED 23.04.2021 PASSED IN
APPEAL NO.1012/2018 BY THE KARNATAKA APPELLATE
TRIBUNAL AS PER ANNEXURE - E AND DECLARE THAT,
THE ABOVE PROCEEDINGS PENDING KAT AS ON
13.07.2020 THE DATE ON WHICH ORDINANCE IS
PROMULGATED BECOMES ABATED IN VIEW OF SECTION
12(2) OF THE KARNATAKA LAND REFORMS (AMENDMENT)
ACT, 2020 (ACT NO.56/2020) AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
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 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 petitioner is also aggrieved by the -3- subsequent order of the Karnataka Appellate Tribunal in Appeal No.1012/2018 dated 23.04.2021.

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 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. -4-

3. Admittedly, as on the date of Ordinance, the appeal 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 :ORDER:

      (i)      The    impugned          order          dated
               28.04.2000        passed          by      the
                respondent-                      Assistant

Commissioner and the order dated 23.04.2021 passed by Karnataka Appellate Tribunal in Appeal -5- No.1012/2018 are hereby quashed and set aside.

(ii) The proceedings in No.LRF:SR:240/1996-97 is hereby declared as having abated.

Ordered accordingly.

Sd/-

JUDGE rv

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