Sri. Siddaramaiah vs State Of Karnataka on 5 January, 2021

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Karnataka High Court

Sri. Siddaramaiah vs State Of Karnataka on 5 January, 2021

Bench: P.B. Bajanthri

                             1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 5TH DAY OF JANUARY, 2021

                           BEFORE

       THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

        WRIT PETITION NO.14491 OF 2020 (LR)

BETWEEN:

SRI. SIDDARAMAIAH
AGED ABOUT 70 YEARS
S/O LATE CHOWDAIAH @ DODDAYELAVAIAH
OCCUPATION: AGRICULTURIST
NATIVE PLACE ADDRESS: AT BOOHALLI VILLAGE,
VIRUPAKSHA HOBLI,
CHANNAPATNA TALUK,
RAMANAGAR DISTRICT,
ALSO R/AT NO.640, 28 TH MAIN,
BTM 2ND STAGE,
BENGALURU-560076.
                                             ... PETITIONER
(BY SRI. SURESH .P, ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       REVENUE DEPARTMENT,
       M S BUILDING,
       BANGLAORE-560001.

2.     THE ASST. COMMISSIONER
       RAMANAGAR SUB DIVISION,
       RAMANAGARA DISTRICT,
       RAMANAGARA-562159.

3.     THE TAHASILDAR
       CHANNPATNA TALUK,
       CHANNAPATNA,
                                      2




      RAMANAGARA SUB-DIVISION,
      RAMANAGARA DISTRICT,
      RAMANAGARA-562160.

4.    REVENUE INSPECTOR
      CHANNPATNA TALUK,
      CHANNAPATNA,
      RAMANAGAR SUB-DIVISION,
      RAMANAGARA DISTRICT,
      RAMANAGARA-562160.
                                                        ... RESPONDENTS

      (BY SRI. SANDESH KUMAR .M, HCGP)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECRODS FROM THE OFFICE OF THE R-1 AND 2 IN RESPECT OF
ABOVE SAID PROCEEDINGS AND TO QUASH THE IMPUGNED
ORDER IN APPEAL NO.1331/2017 DATED 30.06.2020 PASSED BY
THE HONBLE KAT VIDE ANNEXURE-A AND AS WELL AS
IMPUGNED ORDER PASSED DT. 07.06.2017 PASSED BY R-2
VIDE ANNEXURE-B IN RESPECT OF LAND BEARING SY.
NO.25/2B, MEASURING 1 ACRES AND 12 RESPECTIVELY
SITUATED AT BOOHALLI VILLAGE, VIRUPAKSHAPURA HOBLI,
CHANNAPATNA TALUK, RAMANAGARA DISTRICT, RAMANAGARA
AND ETC.,


     THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:-

                                ORDER

In the instant petition, petitioner has prayed for the following reliefs:-

"(a) Call for records from the office of the 1st and 2nd respondent in respect of above said proceedings.

(b) Issue writ in the nature of certiorari to quash the impugned order in Appeal No.1331/2017 dated 30-06-2020 passed by the Hon'ble KAT vide Annexure A and as well as impugned order passed in LRF79(AB)CH-183/2015-16, dt, 07-06-2017 passed by 2nd respondent vide Annexure B in respect of Land bearing Sy. No.25/2B, measuring in Sy No.25/2B measuring 1 Acres and 12 respectively situated at Boohalli Village, Virupakshapura Hobli, Chennapatna Taluk, Ramanagara District, Ramanagara - 562 160.

(c) Pass such other order or orders on the facts and circumstances of the case, including the cost of this petition in the interest of equity."

2. During the pendency of the present petition, State Government has issued Ordinance Nos.13 of 2020 and 23 of 2020 vide notifications dated 13.07.2020 and 02.11.2020 respectively, wherein Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 have been omitted. The same has been taken note of by this Court in W.P. No.41744/2019 decided on 10.12.2020. 4

3. Thus, the present petition stands disposed of in terms of the aforementioned notifications and decision of this Court.

Sd/-

JUDGE MBM

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