Karnataka High Court
Shantaram Nagappa Malik vs The State Of Karnataka on 24 November, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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WP No. 104660 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 104660 OF 2022 (KLR-RES)
BETWEEN:
SHANTARAM NAGAPPA MALIK
AGE. 38 YEARS,
OCC. AGRICULTURIST, EX-SERVICEMAN
R/O.AT..HOSUR (PANDARAVAL)
POST. TATTIGERI, TQ. HALIYAL
DIST. UTTAR KANNADA-581329
...PETITIONER
(BY SRI. R H ANGADI & SRI JANARDHANA NAIK, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
REVENUE DEPARTMENT
M.S.BUILDING, BENGALURU-560001
2. THE DEPUTY COMMISSIONER
UTTAR KANNADA KARWAR
RABINDRANATH TAGORE BEACH,
KODIBAG, KARWAR-581301
3. THE ASSISTANT COMMISSIONER
OFFICER OF THE ASSISTANT COMMISSIONER
MINI VIDHAN SOUDHA,
SUSAGADI BHATKAL, DIST. U.K.-581320
4. THE TAHASHILDAR
OFFICER OF THE TAHASHILDAR
MINI VIDHAN SOUDHA,
HALIYAL, DIST. U.K.-581329
...RESPONDENTS
(BY SRI. M.H.PATIL, AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION AND QUASH THE ORDER DATED
30/05/2022 BEARING RAP /01/2022,PASSED BY THE 2ND
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WP No. 104660 of 2022
RESPONDENT DEPUTY COMMISSIONER U.K. KARWAR VIDE
ANNEXURE-F CONFIRMING THE ORDER DATED 06/05/2015 IN
BHU.SU.VIVA.AP.11/2013-14 PASSED BY 3RD RESPONDENT THE
ASSISTANT COMMISSIONER KARWAR, WHICH IS PRODUCED AT
ANNEXURE-D, TO THE WRIT PETITION; ISSUE A WRIT ORDER OR
DIRECTION IN THE NATURE OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT ORDER OR DIRECTION TO THE RESPONDENT
NO. 2 TO 4 TO MUTATE THE NAME OF THE PETITIONER IN REVENUE
RECORDS AS PER THE SALE DEED DATED 17/09/2013 PRODUCED AT
ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner purchased the agricultural land bearing Sy. No.43/1K/13, measuring 3 guntas situated at Kesarolli Village, Halyal Taluk of Karwar District under a registered sale deed dated 17.09.2013. In pursuance of the same, the name of the petitioner was mutated in the revenue records. The Assistant Commissioner, by order dated 06.05.2015, forfeited the subject land with the Government free from all encumbrances stating that the purchase of the subject land by the petitioner was in violation of Section 79A of the Karnataka Land Reforms Act, 1961 (for short, 'the Act'). Sections 79A & 79B of the Act came to be omitted by the Karnataka Land Reforms (Second Amendment) Bill, 2020, and in view of the omission of Section 79A, all proceedings stands abated.
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2. The learned counsel appearing for the petitioner submits that the lawful possession of the subject land having not been taken, the impugned order passed by the Assistant Commissioner vesting the land with the Government stands abated.
3. The learned Additional Government Advocate submits that the petitioner having purchased the land in violation of Section 79A of the Act, the impugned order passed by the Assistant Commissioner does not suffer from any infirmity.
4. I have examined the submissions made by the learned counsel for the parties.
5. The order was passed on 06.05.2015 vesting the subject land with the Government free from all encumbrances on the ground that the purchase of the subject land by the petitioner was in violation of Section 79A of the Act. Section 79A of the Act came to be omitted with effect from 13th July 2020. In the interregnum, the Assistant Commissioner concerned has not taken lawful possession of the subject land. Hence in view of the omission of Section 79A of the Act, the -4- WP No. 104660 of 2022 impugned order passed by the Assistant Commissioner stands abated. Accordingly, I pass the following:
ORDER
i) The writ petition is allowed.
ii) The impugned order dated 30.05.2022 passed by respondent no.2, at Annexure-F and the impugned order dated 06.05.2015 passed by respondent No.3 at Annexure-
D are hereby quashed.
iii) Respondent No.4 is hereby directed to restore the name of the petitioner in the revenue records in respect of the subject land within two weeks from the date of receipt of a certified copy of this order.
Sd/-
JUDGE KMS List No.: 1 Sl No.: 39