Sri Mahesh vs The Assistant Commissioner on 3 February, 2022

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Karnataka High Court

Sri Mahesh vs The Assistant Commissioner on 3 February, 2022

Bench: R Devdas

                         1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 3RD DAY OF FEBRUARY, 2022

                      BEFORE

          THE HON'BLE MR.JUSTICE R DEVDAS

       WRIT PETITION NO.4602 OF 2020 (LR)

BETWEEN:

1.     SRI.MAHESH,
       S/O LATE CHIKKANNA,
       AGED ABOUT 34 YEARS,

2.     SRI.DEVARAJU
       S/O LATE CHIKKANNA,
       AGED ABOUT 30 YEARS,

3.     SRI.MUNIRAJU
       S/O LATE CHIKKANNA,
       AGED ABOUT 25 YEARS,

4.     SRI.SHIVARAJU,
       S/O LATE CHIKKANNA,
       AGED ABOUT 23 YEARS,

     ALL ARE RESIDENTS OF
     ANEPALYA VILLAGE, K.GOLLAHALLI POST,
     KENGERI HOBLI,
     BENGALURU SOUTH TALUK-560060
                             ....PETITIONERS
(BY SRI.N.NAGARAJA, ADVOCATE)


AND:

1.     THE ASSISTANT COMMISSIONER
       RAMANAGARA SUB-DIVISION,
       RAMANAGARA-562129
                           2




2.   THE THAHSILDAR
     MAGADI TALUK,
     MAGADI-562120               ....RESPONDENTS

(BY SRI A.R. SRINIVAS, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLE
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE ORDER DATED 20.12.2019 PASSED BY THE
KARNATAKA    APPELLATE   TRIBUNAL   IN  REVIEW
PETITION   NO.18/2018   (REV)   PRODUCED     AT
ANNEXURE-G TO THE W.P. AND ETC.

     THIS  WRIT   PETITION   COMING   ON   FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE
COURT MADE THE FOLLOWING:

                         ORDER

R. DEVDAS J., (ORAL):

The petitioners are aggrieved by the order of forfeiture passed by the 1st respondent - Assistant Commissioner invoking the provisions of Section 83 of the Karnataka Land Reforms Act, 1961 for violation of the provisions contained in Sections 79A and 79B of the Act. The petitioners are also aggrieved by the subsequent order of the Karnataka Appellate Tribunal in Review Petition 3 No.18/2018 (Rev) in Appeal No.70/2017 dated 20.09.2018.

2. The learned counsel for the petitioners draws the attention of this Court to the Karnataka Land Reforms (Second Amendment) Act, 2020, Karnataka Act No.56 of 2020, whereby the provisions of Sections 79A, 79B and 79C have been omitted. Moreover, as per Section 12 of the Amending Act, 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 Ordinance. Section 12 (2) provides that 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 stand abated. 4

3. Admittedly, as on the date of Ordinance, the proceedings initiated by the petitioners herein was pending before the Court. Sub-section (2) of Section 12 of the Amending Act clearly provides that if the proceedings are pending before any Court, Tribunal or any authority competent under the provisions of the Principal Act as on the date of the promulgation of the Ordinance, 2020, such proceedings shall stand abated.

4. For the reasons stated above, this Court proceeds to pass the following :ORDER:

     (i)     The    impugned        order   dated
             23.11.2016          passed       by

the 1st respondent-Assistant Commissioner and the impugned orders dated 20.09.2018 passed by Karnataka Appellate Tribunal in Review petition No.18/2018 5 (Rev) dated 20.12.2019 in Appeal No.70/2017 are hereby quashed and set aside.

(ii) The proceedings in No.LRF(79)A&B(M)10/2015-16 is hereby declared as having abated.

Ordered accordingly.

Sd/-

JUDGE rv

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