Karnataka High Court
(A) Dr A Venkatesh vs State Of Karnataka on 30 March, 2022
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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.26335 OF 2012 C/W
WRIT PETITION NOS.17490 OF 2014, 27935 OF 2012
33057 OF 2017 (LR)
IN W.P.NO.26335 OF 2012
BETWEEN:
1. DR K SHANKARA PRASAD
AGED ABOUT 60 YEARS
S/O P KESHAVAMURTHY
NO.388, 22/1, 8TH MAIN ROAD
4TH BLOCK, JAYANAGAR
BANGALORE-560 011
2. B KRISHNA BHAT
AGED ABOUT 80 YEARS
S/O LATE NARAYANABHAT
NO.399, J P ROAD
GIRINAGAR
BANGALORE-560 085 ... PETITIONERS
(BY SRI. M.N.PRANESH, ADVOCATE;
VIDE ORDER DATED 3.3.2022 PETITION
STANDS ABATED AS AGAINST PETITIONER NO.2)
AND:
1. THE KARNATAKA APPELLATE TRIBUNAL
BY ITS REGISTRAR, M S BUILDING
DR B R A ROAD
BANGALORE-560 001
2. STATE OF KARNATAKA
BY ITS ASST. COMMISSIONER
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BANGALORE SOUTH SUB-DIVISION
BANGALORE-560 009
3. THE ASST. COMMISSIONER
BANGALORE SOUTH SUB DIVISION
BANGALORE-560 009
4. THE VISHWABHARATHI HOUSE BUILDING
CO-OPERATIVE SOCIETY LTD., NO.35
RATHNAVILAS ROAD, BASAVANAGUDI
BANGALORE-560 004
BY ITS PRESIDENT
(B KRISHNA BHAT IS NO LONGER THE
PRESIDENT OF THIS RESPONDENT SOCIETY)
... RESPONDENTS
(BY SRI. A.R.SRINIVAS, AGA FOR R1, R2 & R3;
SRI. B.L.SANJEEV, ADV. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 18.9.2001 PASSED BY R3 VIDE
ANNEXURE-B; QUASH THE ORDER DATED 26.6.2012
PASSED BY THE R1 IN APPEAL NO.610/2001 VIDE
ANNEXURE-A.
IN W.P.NO.17490 OF 2014
BETWEEN:
1(a) DR A VENKATESH
AGED ABOUT 74 YEARS
S/O. LATE SRI A.VENATACHALIAH
1(b) SMT. JANAKI VENKATESH
AGED ABOUT 65 YEARS
W/O. DR. A. VENKATESH
BOTH R/AT NO.172-G
SACHIDANANDA NAGAR
RAJA RAJESHWARI NAGAR POST
BANGALORE-560 098
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2. S. RAMAKRISHNA IPS (RETD.)
AGED ABOUT 66 YEARS
S/O SRI SAMPANGI RAMAIAH
NO.171, SACHIDANANDA NAGAR
RAJA RAJESHWARI NAGAR POST
BANGALORE-560 098 ... PETITIONERS
(BY SRI.PUTTIGE R.RAMESH, ADV.)
AND:
1. STATE OF KARNATAKA
BY ITS PRINICIPAL SECRETARY
REVENUE DEPARTMENT
BANGALORE-560 001
2. THE KARNATAKA APPELLATE TRIBUNAL
BY ITS CHAIRMAN, M.S. BUILDING
DR. B.R.A. ROAD, BANGALORE-560 001
3. THE ASST. COMMISSIONER
BANGALORE SOUTH SUB-DIVISION
BANGALORE-560 009
4. THE VISHWABHARATHI HOUSE BUILDING
CO-OPERATIVE SOCIETY LTD
NO.35, RATHNAVILAS ROAD
BASAVANAGUDI
BANGALORE-560 004
BY ITS PRESIDENT
(B.KRISHNA BHAT IS NO LONGER THE
PRESIDENT OF THIS RESPONDENT SOCIETY)
... RESPONDENTS
(BY SRI.A.R.SRINIVASA, AGA FOR R1 TO R3;
SRI. B.L.SANJEEV, ADV. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 18.9.2001 PASSED BY THE R-3
VIDE ANNEXURE-B; QUASH THE ORDER DATED 26.6.2012
PASSED BY THE R-2 VIDE ANNEXURE-A.
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IN W.P.NO.27935 OF 2012
BETWEEN:
1. VANDANA N.
W/O M A NANJUNDA
AGED ABOUT 47 YEARS
R/O NO. 574, SACHCHIDANDAND
NAGAR, VBHCS, RAJARAJESHWARI LAYOUT
BANGALORE - 11
2. K N SARADA
W/O MR SREENIVASA MURTHY P C
AGED ABOUT 47 YEARS
NO. 93, VBHCS SACHCHINDANDAND
NAGAR, RAJARAJESHWARI LAYOUT
BANGALORE - 09
3. PUSHPA M
AGED ABOUT 31 YEARS
W/O NAGESH C
1093, 10TH MAIN
R P C LAYOUT
BANGALORE - 31
4. GOPALKRISHNA S RAO
S/O LATE SRI SRINIVAS RAO
AGED ABOUT 64 YEARS
92, SACHCHINDANAND NAGAR
OPP. WETER TANK
RAJARAJESHWARI NAGAR
BANGALORE - 98
5. SAMPIGE THAYA
AGED 63 YEARS
55/A,VBHCS
SACHCHINDANAND NAGAR
RAJARAJESHWARI NAGAR
BANGALORE - 98 ... PETITIONERS
(BY SRI.M.N.PRANESH, ADVOCATE FOR P1 TO P3 & P5;
VIDE ORDER DATED 30.03.2022 PETITION
STANDS ABATED AS AGAINST PETITIONER NO.4)
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AND:
1. STATE OF KARNATAKA
REP. BY PRL SECRETARY
URBAN DEVELOPMENT
AUTHORITY, M S BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
2. KARNATAKA APPELLATE TRIBUNAL
BY ITS SECRETARY
M S BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001
3. ASSISTANT COMMISSIONER
BANGALORE SOUTH SUB DIVISION
BANGALORE - 560 009
4. BRUHATH BANGALORE MAHANAGAR PALIKE
BY ITS COMMISSIONER, N R SQUARE
BANGALORE -560 002
... RESPONDENTS
(BY SRI.A.R.SRINIVAS, AGA FOR R1 TO R3;
SRI. N.K.RAMESH, ADV. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DT.26.06.2012, PASSED BY THE KAT
R2, IN APPEAL NO.610/01 AT ANNEXURE-F & CONFIRMING
THE ORDER DATED 18.9.2001, IN LRF (83)336/97-98
ANNEXURE-E, PASSED BY ASSISTANT COMMISSIONER,
BANGALORE SUB DIVISION, BANGALORE R3 & ISSUE
NECESSARY DIRECTIONS TO THE BBMP IN THIS BEHALF
FOR PROPER UTILIZATION OF SITES BY PETITIONERS.
IN W.P.NO.33057 OF 2017
BETWEEN:
1. SRI. K. JAGANNATHA
AGED ABOUT 53 YEARS
S/O. SRI. M. KESHAVALU
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R/AT NO. 294, 4TH CROSS
SACHIDANANDA NAGAR
RAJARAJESHWARI NAGAR
BENGALURU-560 098
2. SRI. K. L. SHANKARAIAH
S/O. SRI. K.S. MADE GOWDA
AGED ABOUT 63 YEARS
R/AT NO. 659, 12TH MAIN ROAD
I BLOCK, III STAGE
BASAWESHWARANAGARA
BANGALORE-560 078
3. SRI. P. SUDHEENDRA
S/O. LATE SMT. NAGAMANI
AGED ABOUT 34 YEARS
R/AT NO. 306, 4TH MAIN
SACHINDANANDANAGAR
BANGALORE-560 098 ... PETITIONERS
(BY SRI.B.VACHAN, ADVOCATE)
AND:
1. STATE GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
VIDHANA VEEDHI
BANGALORE-560 001
REP. BY ITS PRINCIPAL SECRETARY
URBAN DEVELOPMENT
2. ASSISTANT COMMISSIONER
BANGALORE SOUTH SUB DIVISION
KANDAYA BHAVANA, K.G. ROAD
BANGALORE-560 009 ... RESPONDENTS
(BY SRI.A.R.SRINIVASA, AGA FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DTD.18.9.2001 PASSED BY THE R-2
VIDE ANNEXURE - K; QUASH THE ORDER DTD.26.6.2012
PASSED BY THE R-1 IN APPEAL NO.610/2001 AT
ANNEXURE-L.
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THESE WRIT PETITIONS COMING ON FOR FINAL
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners in all the writ petitions have purchased individual sites in Sachidananda Nagar, Rajarajeshwari Nagar post, Bengaluru - 560 098, a layout formed by Vishwabharathi House Building Co-operative Society Ltd. It is submitted that the said Society purchased certain lands from the farmers and has formed the layout. On the ground that the said purchase by the Society is in violation of Section 79B of the Karnataka Land Reforms Act, 1961 proceedings were initiated against the Society and after several rounds of litigation it culminated in No.LRF (83) 336/1997-98 on the file of the Assistant Commissioner, Bengaluru South Sub-Division, Bengaluru-560 009. The said Assistant Commissioner forfeited the lands purchased by the Society which included the sites purchased by the petitioners herein by order dated 18.09.2001 passed in No.LRF.(83)336/1997-98. Aggrieved by the same, the Society preferred an appeal before the Karnataka Appellate Tribunal by way of Appeal No.610/2001 and the Tribunal -8- was pleased to dismiss the said appeal. Aggrieved by the same, the instant writ petitions are filed.
2. The instant writ petitions are filed in the years 2012, 2014 & 2017. After filing of the writ petitions, amendment is introduced to the Karnataka Land Reforms Act, 1961 by way of Karnataka Act No.56/2020 by which Section 79B of the Act has been omitted with effect from 01.03.1974. Further, Section 12 of the said Act reads as under:
"12. Savings.- (1) Notwithstanding the omission of sections 79A, 79B and 79C with effect from 1st day of March, 1974, 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 said Ordinance.
(2) 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 hereby stand abated."
Thus, any case pending before any Court as on the date of promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020, which is promulgated on 13.07.2020, pertaining to Section 79B shall stand abated. The instant Writ Petitions were pending on the relevant date. The impugned orders have been passed on the -9- ground that the purchase of lands by the Society is in violation of Section 79B of the Karnataka Land Reforms Act, 1961. By virtue of the said amendment, Section 79B of the said Act stands omitted with effect from 01.03.1974 itself and all pending cases before the Court shall stand abated. Accordingly, the instant writ petitions succeed as they were pending and the impugned orders passed by the Karnataka Appellate Tribunal and the Assistant Commissioner are liable to be set aside. Hence, the following:
ORDER The impugned order dated 18.09.2001 bearing No.LRF (83) 336/1997-98 passed by the Assistant Commissioner, Bengaluru South Sub-Division, Bengaluru and the order passed by the Karnataka Appellate Tribunal in Appeal No.610/2001 dated 26.06.2012 insofar as it relates to the lands of the petitioners are concerned are hereby set aside.
The writ petitions stand disposed of accordingly.
Sd/-
JUDGE hkh.