Karnataka High Court
The State Of Karnataka vs Sri.P.Bandeppa @ Bandeppa S/O. ... on 30 August, 2021
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 30TH DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
WP NO 105339 OF 2019 (LR)
BETWEEN
1 . THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE DEPARTMENT
M.S BUILDING, BENGALURU-560001.
2 . THE ASSISTANT COMMISSIONER,
BALLARI SUB DIVISION, BALLARI.
...PETITIONERS
(BY SRI.VINAYAK S KULKARNI, AGA)
AND
SRI. P.BANDEPPA @ BANDEPPA
S/O KUMARAPPA,
OCC: RETIRED KPTCL EMPLOYEE,
R/O: # 129, WARD NO.18,
SATHYANARAYANPET, III CROSS,
NEAR R.K. HOSPITAL, BALLARI-586 101.
...RESPONDENT
(BY SRI. K. RATHAVENDRA RAO AND SMT. V. VIDYA, ADVS.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 15.03.2017 PASSED BY THE KARNATAKA APPELLATE
TRIBUNAL, BANGALURU IN APPEAL NO.1166/2014 VIDE ANNEXURE-D.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
2
ORDER
The State has filed the present writ petition challenging the order dated 15/3/2017 passed by the Karnataka Appellate Tribunal, Bengaluru in Appeal No. 1166/2014 wherein the appeal filed by the respondent as against the order passed by the Assistant Commissioner under Section 83 of the Karnataka Land Reforms Act, 1961 (for short the 'Act') declaring the sale deed dated 30.05.2012 as null and void for having violated Section 79A and B of the Act was allowed.
2. This Court in W.P.No.147188/2020 in the case of Smt. Madhukanta Patadia & Ors. Vs. The State of Karnataka & Ors. disposed of on 16.07.2020, in identical matter has held that, having regard to the Karnataka Land Reforms (Amendment) Ordinance, 2020, Sections 79A, 79B and 79C stand omitted from the Parent Act with effect from 01.03.1974 and having regard to Section 13(2) of the said Ordinance, 2020, all 3 pending proceedings for violation of Sections 79A, 79B and 79C of KLR Act stand abated. The said order passed by the Co-ordinate Bench of this Court is squarely applicable to the facts of the present case.
Under the circumstances, the order passed by the Karnataka Appellate Tribunal needs no interference and accordingly the writ petition stands dismissed.
Sd/-
JUDGE Vb/-