Ganesh S/O Venkat Rao vs The State Of Karnataka And Ors
2022 Latest Caselaw 1659 Kant

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             IN THE HIGH COURT OF KARNATAKA
                    KALABURAGI BENCH

        DATED THIS THE 03RD DAY OF FEBRUARY, 2022

                           BEFORE

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

         WRIT PETITION NO.201569 OF 2021 (LR)

Between:

Ganesh
S/o Venkat Rao
Aged 62 years
Occ: Agriculture
R/o H No.3-4-138/12
Ground Floor
Mangala Apartment
Barkatpura
Hyderabad 500 027
                                                 ...Petitioner
(By Sri Ganesh S. Kalburgi, Advocate)

And:

  1. The State of Karnataka
     Represented by its Secretary
     Department of Revenue
     Vidhana Soudha
     Bengaluru 560 001

  2. The Assistant Commissioner
     Revenue Department
     Basavakalyan Sub-Division
     Basavakalyan
     District: Bidar 585 401
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   3. The Tahsildar
      Chitguppa
      Taluk: Chitguppa
      District: Bidar 585 401
                                                   ... Respondents

(By Sri Viranagouda Biradar, AGA)

      This Writ Petition is filed under Articles 226 and 227 of
Constitution of India praying to issue a writ order or direction in
the nature of certiorari quashing the Annexure-C the order dated
05.03.2020 bearing No.KUM/79(A)(B)/CR-01/2019-20/7577-78
passed by the respondent No.2; and etc.

      This petition is coming for preliminary hearing, this day,
the Court made the following:-

                            ORDER

Heard the learned counsel appearing for the parties.

2. The petitioner herein has challenged the order dated

05th March, 2020 passed in No.KUM/79(A)(B)/CR-01/2019-

20/7577-78 (Annexure-C) by the second respondent.

3. 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 made in Writ Petition

No.38276 of 2013 and Writ Petitions 38702-703 of 2013 decided

on 25th January, 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 79A and 79B

were omitted retrospectively and all the pending proceedings

automatically stands abated.

4. Learned Additional Government Advocate submitted

that in view of amendment made to Section 79-A and 79-B of

Karnataka Land Reforms Act, 1961, the writ petition be disposed

of.

5. 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, 1961 and following the law declared by this Court

in Writ Petition No.38276 of 2013 and Writ Petitions 38702-703

of 2013, the impugned order produced at Annexure-C are

quashed. Accordingly, writ petition is allowed.

Sd/-

JUDGE

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