Smt.C Rajeshwari, vs The State Of Karnataka, on 30 August, 2021

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Karnataka High Court

Smt.C Rajeshwari, vs The State Of Karnataka, on 30 August, 2021

Bench: S.Vishwajith Shetty

              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

          DATED THIS THE 30TH DAY OF AUGUST, 2021

                              BEFORE

          THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

                WP NO.105529 OF 2016 (LR/RES)
BETWEEN

SMT.C RAJESHWARI,
W/O SRI.THIPPANNA,
AGED ABOUT 48 YEARS,
R/AT. D.NO.12F, 4TH CROSS,
M.V.NAGAR,KAPPAGAL ROAD,
BELLARY.
                                                 ...PETITIONER

(BY SRI.K RAGHAVENDRA RAO AND SMT. V.VIDYA , ADVS)


AND

1 . THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M.S. BUILDINGS,BENGALURU,
REP: BY ITS SECRETARY.

2 . ASSISTANT COMMISSIONER,
BELLARY SUB-DIVISION,
BELLARY.

3 . THE TAHSILDAR,
BELLARY TALUK,BELLARY.
                                                ...RESPONDENTS

(BY SRI.VINAYAK S KULKARNI, AGA FOR R1 TO R3)
                                 2



     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER PASSED BY RESPONDENT NO.2 DATED:20.07.2015 FOUND AT
ANNEXURE-D, ALLOW THIS WRIT PETITION. GRANT INTERIM ORDER,
TO STAY THE OPERATION AND EXECUTION PASSED BY RESPONDENT
NO.2 DATED:20.07.2015 FOUND AT ANNEXURE-D, PENDING
DISPOSAL OF THIS WRIT PETITION.

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


                              ORDER

The petitioner has filed the instant writ petition with a prayer to quash the order dated 20/7/2015 passed by respondent No.2 vide Annexure-D whereunder the 2 n d respondent exercising his power under Section 83 of the Karnataka Land Reforms Act, 1961 (for short the 'Act') has declared that the sale deed dated 20.08.2013 executed in favour of the petitioner was null and void for the reason that the same was in violation of Section 79A of the Act.

2. Learned counsel for the petitioner submits that, having regard to the Karnataka Land Reforms (Amendment) Ordinance, 2020 ('The Ordinance, 2020', 3 for short), Sections 79A, 79B and 79C of the Parent Act, stand omitted with effect from 01.03.1974 and having regard to Section 13(2) of the Ordinance, 2020, all proceedings for violation of Sections 79A, 79B and 79C stand abated.

3. This Court in W.P.No.147188/2020 in the case of Smt. Madhukanta Patadia & Ors. Vs. The State of Karnataka & Ors. disposed of on 16.07.2020, in identical matter has held that, having regard to the Karnataka Land Reforms (Amendment) Ordinance, 2020, Sections 79A, 79B and 79C stand omitted from the Parent Act with effect from 01.03.1974 and having regard to Section 13(2) of the said Ordinance, 2020, all pending proceedings for violation of Sections 79A, 79B and 79C of KLR Act stand abated. The said order passed by the Co-ordinate Bench of this Court is squarely applicable to the facts of the present case. 4

Accordingly, this petition is also disposed of in terms of the orders passed by this Court in W.P.No.147188/2020, disposed of on 16.07.2020.

The entire proceedings before the 2 n d respondent - Assistant Commissioner and the order impugned at Annexure-D stands abated having regard to Section 13(2) of the Ordinance, 2020 and resultantly, respondent No.3 is directed to restore the name of the petitioner in the revenue records of the land bearing survey No.281/C measuring 13 acres of Karekal Village, Ballari District, said to have been purchased by petitioner under the registered sale deed dated 20.08.2013 forthwith.

Sd/-

JUDGE Vb/-

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