Karnataka High Court
Sri. C. R. Vishwanatha vs The State Of Karnataka on 1 April, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:13100
WP No. 9605 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 9605 OF 2024 (LR)
BETWEEN:
SRI. C. R. VISHWANATHA,
SON OF RAMEGOWDA,
AGED ABOUT 58 YEARS,
OCCUPATION: AGRICULTURIST,
RESIDING AT NO.95,
MUNIYAPPA COMPOUND,
OPPOSITE SAVARAMMA TEMPLE,
CHENNASANDRA KADUGODI POST,
BENGALURU - 560 066.
...PETITIONER
(BY SRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SRI. SRIKANTH S, ADVOCATE)
AND:
Digitally signed
by 1. THE STATE OF KARNATAKA,
DHARMALINGAM
Location: HIGH REPRESENTED BY ITS PRINCIPAL SECRETARY,
COURT OF
KARNATAKA DEPARTMENT OF REVENUE
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE ASSISTANT COMMISSIONER,
TIPTUR SUB DIVISION,
TIPTUR - 572 201,
TUMAKURU DISTRICT.
-2-
NC: 2024:KHC:13100
WP No. 9605 of 2024
3. THE TAHSILDAR,
TIPTUR TALUK,
TIPTUR - 572 101,
TUMAKURU DISTRICT.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 19/07/2019 PASSED BY THE R2 IN CASE BEARING
I.R.F. NO. 79(A) AND (B) CR.59/2016-17 AND THE ORDER
DATED 21/11/2023 PASSED BY THE HONBLE KARNATAKA
APPELLATE TRIBUNAL IN REV. APPEAL NO. 214/2022 AT
ANNEXURE-B AND A AND TO PASS ANY SUCH OTHER ORDERS
AND DIRECTIONS AND PROPER IN THE FACTS AND
CIRCUMSTANCES OF THE CASE AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
This writ petition arises out of a proceedings initiated under Sections 79A and 79B of the Karnataka Land Reforms Act, 1964. The petitioner herein purchased 1 acre and 7 guntas of land in Sy.No.90/5 and 38 guntas of land in Sy.No.90/6A of Mathihalli Village, Kasaba Hobli, under a -3- NC: 2024:KHC:13100 WP No. 9605 of 2024 registered sale deed dated 15.04.2016. Proceedings were initiated by the competent authority/Assistant Commissioner in proceedings bearing No.LRF.79(A) and (B) CR.59/2016-17 for contravention of the provisions. An order was passed by the Assistant Commissioner on 19.07.2019 holding that the sale was in contravention of the provisions contained in Sections 79A and 79B of the Act. The petitioner filed an appeal before the Karnataka Appellate Tribunal in Rev.Appeal No.214/2022. However, by order dated 21.11.2023 the appeal was dismissed for non-prosecution.
2. Learned counsel for the petitioner submits that the petitioner was not aware of the fact that the appeal was dismissed for non-prosecution. The Tribunal passed the impugned order dated 21.11.2023 declining to accept the reasons furnished for condonation of delay of 982 days in filing the revision petition.
3. This Court had several occasions to consider such cases, where writ petitions are filed long after the -4- NC: 2024:KHC:13100 WP No. 9605 of 2024 provisions contained in Sections 79A, 79B and 79C were omitted from the statute book in terms of the Karnataka Land Reforms (Second Amendment) Act, 2020. It is the consistent opinion of this Court that if at any rate, the Assistant Commissioner, after forfeiting the land has not disposed of the same in accordance with law then the benefit of the saving clause contained in Section 12 of the Amending Act is required to be given to such petitioners. The Assistant Commissioner is therefore, required to ascertain, whether the declared excess lands or forfeited lands still remain with the State Government or has been granted to third parties. If the lands have been granted to third party, then sub-section(1) of Section 12 of the amending Act will apply to say that the proceedings have reached finality. Or otherwise, sub-section (2) of Section 12 of the Amending Act will apply and all further proceedings shall be declared as abated by the Assistant Commissioner.
-5-
NC: 2024:KHC:13100 WP No. 9605 of 2024
4. For the reasons stated above, this Court proceeds to pass the following;
:ORDER:
(i) The writ petition stands disposed of.
(ii) The impugned order dated 21.11.2023 passed by the Karnataka Appellate Tribunal in Rev.Appeal.No.214/2022 is hereby quashed and set aside.
(iii) The matter is remitted back to the respondent-Assistant Commissioner to consider the case of the petitioner including the consequences of the subsequent amendment brought to the provisions of Sections 79A and 79B of the Karnataka Land Reforms Act in Karnataka Amendment No.56 of 2020.
(iv) The petitioner shall appear before the respondent-Assistant Commissioner on -6- NC: 2024:KHC:13100 WP No. 9605 of 2024 02.05.2024 without waiting for further notice from the Assistant Commissioner.
(v) If revenue entries have been altered pursuant to the impugned order dated 21.11.2023, the same shall be restored in favour of the petitioner.
Ordered accordingly.
6. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.
Sd/-
JUDGE rv List No.: 1 Sl No.: 10 CT: BHK