Karnataka High Court
Institute Of Manpower vs Government Of Karnataka on 2 August, 2023
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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WP No. 13796 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 13796 OF 2020 (LR)
BETWEEN:
1. INSTITUTE OF MANPOWER,
PLANNING AND CAREER TRAINING,
A SOCIETY REGISTERED UNDER
THE KARNATAKA SOCIETIES REGISTRATION
ACT, 1960,
IMPACT GROUP OF INSTITUTIONS IMPACT CAMPUS,
KODIGENHALLI,
BANGALORE - 560 092.
REPRESENTED BY ITS SECRETARY,
SMT. VALSALA MATHEW,
AGED ABOUT 58 YEARS.
2. DR. K.P. MATHULLA,
S/O K.M. PAILY,
AGED ABOUT 83 YEARS,
Digitally signed by
R/AT IMPACT CAMPUS,
VIJAYA P KODIGEHALLI,
Location: HIGH SAHAKARANAGAR POST,
COURT OF BANGALORE - 560 092.
KARNATAKA
...PETITIONERS
(BY SRI. H. N. SHASHIDHARA, SENIOR ADVOCATE FOR
SRI. H. S. SUHAS, ADVOCATE)
AND:
1. GOVERNMENT OF KARNATAKA,
REVENUE DEPARTMENT,
VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001.
REPRESENTED BY ITS SECRETARY.
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WP No. 13796 of 2020
2. DEPUTY COMMISSIONER,
BANGALORE DISTRICT,
BEHIND KANDAYA BHAVANA,
BANGALORE - 560 009.
3. ASSISTANT COMMISSIONER,
BANGALORE NORTH DIVISION,
KANDAYA BHAVANA,
BANGALORE - 560 009.
4. TAHSILDAR,
BANGALORE NORTH TALUK,
YELAHANKA NEW TOWN,
BANGALORE - 560 106.
...RESPONDENTS
(BY SRI. C. N. MAHADESHWAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS AND SET ASIDE THE JUDGMENT DATED
09.11.2020 IN APPEAL NOS.933/2015 AND 934/2015 PASSED
BY THE HON'BLE KARNATAKA APPELLATE TRIBUNAL,
BANGALORE VIDE ANNEXUER-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri. H.N. Shashidhara, learned Senior Counsel appearing for the petitioners submits that the challenge in the present writ petition was as regards to the judgement dated 09.11.2020 in Appeal Nos.933/2015 and 934/2015 passed by the Karnataka Appellate Tribunal in which appeal they have sought for setting aside of the order -3- NC: 2023:KHC:27013 WP No. 13796 of 2020 dated 27.02.1996 at Annexures-B and C passed by the respondent No.3. Further, the petitioners have also sought for setting aside of the proceedings of respondent No.4 dated 12.02.2015 at Annexure-D.
2. Learned Senior Counsel appearing for the petitioners submits that the Court need not enter into the facts of the case but take note of the legal implication of the amendment to the Land Reforms Act (for short 'the Act') by virtue of the Karnataka Land Reforms (Amendment) Ordinance, 2020 which subsequently has taken the form of an Act and in terms of Section 12 of the said Ordinance, the proceedings pertaining to Sections 79A and 79B of the Act stands abated.
3. It is submitted that the order of the Assistant Commissioner passed invoking Sections 79A and 79B of the Act at Annexure-B was pending in Appeal Nos.933/2015 and 934/2015 as on the date of Amendment to the Act and accordingly, the order of the Assistant Commissioner not having attained finality, -4- NC: 2023:KHC:27013 WP No. 13796 of 2020 proceedings are deemed to be pending for which the legal consequence under Section 12(2) of the Amendment Ordinance which stipulates that proceedings stand abated should be extended. Reliance is placed on the order passed in W.P.147188/2020 wherein the Coordinate Bench has analysed the implication of the Amendment Ordinance of 2020.
4. It is noticed that Appeal Nos.933/2015 and 934/2015 have been filed challenging the order of the Assistant Commissioner dated 27.02.1996 passed in LRF(83)64:95-96 and (83)691:90-91 by virtue of which the finding recorded that there was violation of Sections 79A and 79B with respect to purchasing land in Sy.No.28/1 and 28/2 measuring 4 acres 20 guntas situated at Kodigehalli Village, Yelahanka Hobli, Bengaluru North Additional Taluk. The said appeal was pending as on the date of coming into force of the Ordinance.
5. It is to be noticed that the Ordinance had subsequently taken the form of the Karnataka Land -5- NC: 2023:KHC:27013 WP No. 13796 of 2020 Reforms (Second Amendment) Act, 2020 having received the consent of the Governor on 30.12.2020 reiterating the provisions in the Ordinance.
6. It is to be noticed that it is not in dispute that the Amendment Ordinance, 2020 has come into force with effect from 13.07.2020 as regards Sections 2, 3, 4, 5, 6 and 10 of the Ordinance. Section 10 of the Ordinance clearly specifies that Sections 79A and 79B shall be omitted. The effect of such omission has been noticed in the order in W.P.147188/2020 at paragraph No.6 which reads as follows:
"6. On perusal of Sections 5, 6 and 7 of the Karnataka Land Reforms (Amendment) Ordinance, 2020, the provisions of Section 79A, 79B and 79C in the Principal Act stand omitted. If these sections referred at 5, 6, and 7 of the Karnataka Land Reforms (Amendment) Ordinance, 2020 are read conjointly with section 2, it is clearly evident that amended provisions are retrospective in nature, since Section 2 expressly provides and contemplates that provisions of Sections 79A, 79B and 79C, which stand omitted by the Karnataka Land Reforms -6- NC: 2023:KHC:27013 WP No. 13796 of 2020 (Amendment) Ordinance, 2020 shall be deemed to have come into force with effect from 01.03.1974."
7. The savings clause at clause-12 of the Ordinance No.23 of 2020 and in particular the Karnataka Land Reforms (Second Amendment) Ordinance, 2020 reads as follows:
"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."
8. In light of the above and noticing the clause- 12(2) of the Ordinance, all cases pending before any Court, Tribunal or other authority as on the date of -7- NC: 2023:KHC:27013 WP No. 13796 of 2020 promulgation of the Ordinance pertaining to Sections 79A, 79B and 79C shall stand abated. If that were to be so, the proceedings pending before the Appellate Tribunal as on the date of coming into force of the Ordinance stands abated and the only meaningful manner of interpreting the word 'abated' is to construe of all proceedings of 79A and 79B in the entirety, stands abated and accordingly, the proceedings initiated and the order dated 27.02.1996 passed by the Assistant Commissioner at Annexures-B and C are to be declared as having abated.
9. Accordingly, the proceedings in Land Reforms Act under Section 79A and 79B insofar as petitioners land in Sy.No.28/1 and 28/2 measuring 4 acres 20 guntas as well as the property in Sy.No.29/3 measuring 3 acres 16 guntas situated at Kodigehalli Village, Yelahanka Hobli, Bengaluru North Additional Taluk stands abated.
10. In light of the above discussion, the petition is disposed off.
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11. Accordingly, the order of the Assistant Commissioner as well as Appellate authority are set aside.
Sd/-
JUDGE MCR List No.: 1 Sl No.: 51