lands
as defined under Section 2(18) of the Act and
therefore, Sections 79A and 79B of the Act or the
provisions of the Karnataka ... definition of land in Section 2(18) of the
Act. Therefore the 2nd petitioner's action in invoking
Sections 79A and 79B against
juncture, it may be apposite to extract the relevant part
of Section 79A of the Act, which reads as under:
"79A. [Government ... issued by the State
Government, in exercise of power conferred by Section 79A of
the Act, are mandatory in nature and command scrupulous
compliance
including Section
88 of BT& AL Act, 1956 and Section 65 of Bombay Land
Revenue Code and also applicable provisions under Section
79A ... unauthorized. Section 61 of the
Code envisages penalties for the unauthorized
occupation of land set apart for any special
purpose, and Section 79A empowers
holding that the petitioner is
in violation of the provision of Section 79A and B of the
Karnataka Land Reforms Act, 1961 (hereinafter referred ... respondent No.1 initiated
proceedings under the provisions of Section 79A and B of the
Act. The respondent No.1 was pleased to uphold
motu cognizance and by registering
Case No.12 of 1998 under Section 79A of the Gujarat
Land Revenue Code, issued notice to Arjan Mistry ... Arjan Vaghji
Mistry without prior permission, therefore, there was
breach of Section 79A of the Code.
3.3 The aggrieved petitioners filed appeal
before the Collector
Hitendrabhai Bhikhabhai Karad & 2 vs State Of Gujarat & 3 on 16 January, 2018
section (2).
Revenue Code, 1879 Section 39A.
(Bombay V of 1879). Section 43 .
Section 46 .
Section 47 .
Section 51 .
Section 61.
Section 79A, except clause ... Section 43 .
extended to the Kutch Section 46 .
area of the State of Section 47 .
Bombay. Section 51 .
Section 61.
Section 79A, except clause
order holding that the transaction is
in violation of Section 79A & B of the Act. The said contention
is erroneous as a bare reading ... conclude with regard to the alleged
violation of provision of Sections 79A & B of the Land Reforms
Act.
4. That apart, the Authorities have
vendor of the petitioner herein,
in violation of the provisions of Section 79A and 79B of the
Karnataka Land Reforms Act, 1961, (hereinafter referred ... land in
-5-
question from Chandrappa by violating the provisions of
Sections 79A , 79B and 80 of the KLR Act. Accordingly, he has
forfeited
passed by first respondent - Assistant
Commissioner in exercise of powers under Section 79A and
B of the Karnataka Land Reforms Act, 1961 in confiscating ... matter to ascertain whether there is violation of the
provisions of Section 79A and B of the Act not only with
reference to the status