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Showing contexts for: section 79B in Smt.Madhukanta Patadia W/O Late ... vs The State Of Karnataka on 16 July, 2020Matching Fragments
"5. Omission of sections 79A.- In the Principal Act, section 79A shall be omitted.
6. Omission of sections 79B.- In the Principal Act, section 79B shall be omitted.
Omission of sections 79C.- In the Principal Act, section 79C shall be omitted."
5. Section 13 of the Ordinance is also culled out for better understanding:
"13. Savings.- (1) Notwithstanding the omission of sections 79A, 79B and 79C with effect from 1st day of March 1974, the cases already disposed of before the publication of the Karnataka Land Reforms (Amendment) Ordinance, 2020 shall not in any way be affected.
(2) All cases pending on the date of publication of this Act pertaining to sections 79A, 79B and 79C and consequential thereof shall stand abated."
6. On perusal of sections 5, 6 and 7 of 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 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 (Amendment) Ordinance, 2020 shall be deemed to have been come into force with effect from 01.03.1974.
7. The present writ petition is filed on 10.07.2020 challenging the impugned order dated 23.10.2019 passed by respondent No.2 as per Annexure-A wherein respondent No.2 on enquiry under Section 79A and 79B has passed an order under Section 83 of the Karnataka Land Reforms act, 1961 by holding that transactions are in contravention of Section 79A and 79B of the Karnataka Land Reforms Act, 1961 and accordingly has ordered for forfeiture of petition lands by way of penalty and ordered to vests in the State Government.
8. The State by way of Karnataka Land Reforms (Amendment) Ordinance, 2020 has omitted Sections 79A, 79B and 79C from the Principal Act with effect from 01.03.1974 and as such, the forfeiture order passed by respondent No.2 as per Annexure-A stands abated as per Section 13(2) of Karnataka Land Reforms (Amendment) Ordinance, 2020.
9. Since the proceedings under Sections 79A and 79B have not attained finality, Section 13(2) of Karnataka Land Reforms (Amendment) Ordinance, 2020 is applicable to the present case on hand.