Haseen Tippu Sultan Welfare ... vs The Deputy Commissioner on 10 August, 2023

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Karnataka High Court

Haseen Tippu Sultan Welfare ... vs The Deputy Commissioner on 10 August, 2023

Bench: S Sunil Dutt Yadav

                                                    -1-
                                                             NC: 2023:KHC:28446
                                                           WP No. 57052 of 2016




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 10TH DAY OF AUGUST, 2023

                                               BEFORE
                            THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
                               WRIT PETITION NO. 57052 OF 2016 (LR)


                      BETWEEN:

                            HASEEN TIPPU SULTAN WELFARE
                            ASSOCIATION (REGISTERED),
                            M.H. ROAD, 1ST CROSS,
                            KOTWAL NAGAR,
                            CHITHRADURGA - 577 501.
                            REPRESENTED BY ITS
                            PRESIDENT AND SECRETARY.

                      1.    MOHAMMAD MOHASEEN,
                            S/O. C. ABDUL JABBAR,
                            AGED ABOUT 43 YEARS,
                            PRESIDENT.

Digitally signed by
VIDYA G R             2.    MOHAMMAD HASEEN PASHA,
Location: HIGH              S/O. C. ABDULL JAFFAR,
COURT OF
KARNATAKA                   AGED ABOUT 43 YEARS,
                            SECRETARY.
                                                                  ...PETITIONERS
                      (BY SRI. B.K. MANJUNATH, ADVOCATE)

                      AND:

                      1.    THE DEPUTY COMMISSIONER,
                            CHITHRADURGA DISTRICT,
                            CHITHRADURGA - 577 501.
                              -2-
                                       NC: 2023:KHC:28446
                                    WP No. 57052 of 2016




2.   THE ASSISTANT COMMISSIONER,
     CHITHRADURGA SUB DIVISION,
     CHITHRADURGA - 577 501.

3.   THE TAHSILDAR,
     CHITHRADURGA TALUK,
     CHITHRADURGA - 577 501.
                                          ...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)

    THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT / ORDER BEARING NO.LRM:CTA:CR:2:2015-16
DATED 29.07.2016 ISSUED BY R-1 VIDE ANNEXURE-K.

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

                        ORDER

The petitioner has sought for quashing of the endorsement dated 29.07.2016 at Annexure-K, whereby omission was sought by the petitioner under Section 109 of the Karnataka Land Reforms Act, 1961 (for short 'the Act') for exemption from Sections 79A and 79B of the Act, which came to be rejected.

2. In light of the amendment made, omitting Sections 79A, 79B and 79C and while also noticing that even under Section 109(1A) of the Act there has been an -3- NC: 2023:KHC:28446 WP No. 57052 of 2016 omission of Sections 79A and 79B, the question of seeking exemption of operation of Sections 79A and 79B of the Act also would not arise.

3. Accordingly, the petition is disposed off as not calling for adjudication while noticing the omission of Sections 79A and 79B of the Act. Consequently, the order dated 29.07.2016 at Annexure-K is set aside.

Sd/-

JUDGE MCR List No.: 1 Sl No.: 44

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