Smt Sumanbai @ Sumitra W/O ... vs The State Of Karnataka And Ors
2022 Latest Caselaw 1570 Kant

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          IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

     DATED THIS THE 2ND DAY OF FEBRUARY, 2022

                        BEFORE

        THE HON'BLE MR.JUSTICE E.S.INDIRESH


        WRIT PETITION No.200596/2021 (LR)

BETWEEN:

SMT. SUMANBAI @ SUMITRA
W/O JAYACHAND PAWAR
AGE: 40 YEARS, OCC. AGRI.
R/O NARONA DAHRI TANDA
TQ. ALAND, DIST. KALABURAGI.

                                       ... PETITIONER

(BY SRI SHIVANAND PATIL, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS
       PRINCIPAL SECRETARY
       DEPARTMENT OF REVENUE
       VIDHANA SOUDHA
       BENGALURU-01

2.     THE ASST. COMMISSIONER
       KALABURAGI-585 102

3.     THE TAHASILDAR
       ALAND, DIST. KALABURAGI.
                                     ... RESPONDENTS

(BY SRI SHIVAKUMAR R. TENGLI, AGA)
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        THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF CERTIORARI OR ANY OTHER ORDER OF THE LIKE
AND     QUASH/SET       ASIDE    THE       IMPUGNED    ORDER    DATED
25.09.2018     IN   APPEAL      NO.635/2017     (REVENUE)      OF   THE
KARNATAKA       APPELLATE       TRIBUNAL       BANGALORE       AS   PER
ANNEXURE-F AND ALSO SET ASIDE / QUASH THE IMPUGNED
ORDER DATED 30.03.2017 IN FILE NO. SUM / KUM / 79 A AND
B   /   21/   2015-16    OF     THE       RESPONDENT   NO.2    AS   PER
ANNEXURE-E TO THE WRIT PETITION.


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


                                ORDER

Though this writ petition is listed for Preliminary

Hearing, by the consent of the parties, it is taken up for

final disposal.

2. Heard the learned counsel appearing for the

parties.

3. The petitioner herein has challenged the order

dated 20.09.2018 passed in Appeal No.635/2017 by the

Karnataka Appellate Tribunal, Bangalore vide Annexure-F

and order dated 30.03.2017 passed by the respondent

No.2 (Annexure-E).

4. Learned counsel for the petitioner submitted

that the issue involved in this writ petition is with regard to

consideration of annual income under Section 79-A of the

Karnataka Land Reforms Act, 1961 and Rules made

thereunder. He also referred to the judgment of this Court

in the case of Tamil Chelvan vs. State of Karnataka

and others in W.P.No.38276 of 2013 and

W.P.Nos.38702-703 of 2013 decided on 25.01.2016

and argued that in view of amendment to Section 79-A

and 79-B of Karnataka Land Reforms Act, 1961 vide

notification dated 13th July, 2020, the Karnataka Land

Reforms (Amendment) Ordinance, 2020 Section 79-A and

79B were omitted retrospectively and all the pending

proceedings automatically stands abated.

5. Per contra, learned Additional Government

Advocate submitted that in view of amendment made to

Section 79-A and 79-B of Karnataka Land Reforms Act, the

writ petition be disposed of.

6. In the light of the submissions made by the

learned counsel appearing for the parties and taking into

account amendment to sections 79-A and 79-B of the

Karnataka Land Reforms Act and following the law

declared by this Court in W.P.No.38276/2013 and

W.P.No.38702-703/2013, the impugned orders produced

at Annexures-E and F are quashed. Accordingly, writ

petition is allowed.

Sd/-

JUDGE

VNR