Shankar S/O Limbu Chavan vs The State Of Karnataka And Ors
2022 Latest Caselaw 1971 Kant

           IN THE HIGH COURT OF KARNATAKA,
                   KALABURAGI BENCH

       DATED THIS THE 08TH DAY OF FEBRUARY , 2022

                        BEFORE

              HON'BLE JUSTICE E.S.INDIRESH

        WRIT PETITION No.202063 OF 2021 (LR)

BETWEEN

SHANKAR S/O LIMBU CHAVAN
OCC. AGRICULTURE AND EMPLOYEE,
R/O. YALLADGUNDI,
TQ. BASAVAKALYAN,
DIST. BIDAR.
                                             ...PETITIONER
(BY SRI JAIRAJ K BUKKA, ADVOCATE)

AND

THE STATE OF KARNATAKA
THROUGH ITS PRINCIPAL SECRETARY,
DEPT. OF REVENUE
BENGALURU.

2 . THE DEPUTY COMMISSIONER
BIDAR.

3 . THE ASSISTANT COMMISSIONER
BASAVAKLAYAN,
DIST. BIDAR.

4 . THE TAHASILDAR
HUMNABAD.

5 . THE REVENUE INSPECTOR
                                   2




VILLAGE HIPPARGAONGHAT,
TQ. BASAVAKLAYAN,
DISTRICT: BIDAR

6 . THE VILLAGE ACCOUNTANT
VILLAGE HIPPARGAONGHAT
TQ. BASAVAKALYAN
DISTRICT BIDAR - 585 401
                                                     ...RESPONDENTS
(BY SRI VIRANAGOUDA BIRADAR, AGA)

     THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT IN NATURE OF CERTIORARI OR ANY OTHER WRIT
QUASHING THE IMPUGNED ORDER PASSED BY THE 3RD
RESPONDENT    VIDE   ASDB/BHU    SHUDARNE/CR-09/2006-
07/1918/809 DATED 07.06.2010 WHICH IS AT ANNEXURE D;
AND ETC.

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

                                ORDER

Heard the learned counsel appearing for the parties.

2. The petitioner in this petition has challenged the

order dated 07th June, 2010 passed in No.ASDB/BHU/

SUDHARNE/CR-09/2006-07/1918/809 (Annexure-D) by the third

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. Referring 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 25 th

January, 2016, the learned counsel argued that in view of

amendment to Section 79-A and 79-B of Karnataka Land

Reforms Act, 1961 vide notification dated 13 th July, 2020, the

Karnataka Land Reforms (Amendment) Ordinance, 2020, Section

79A and 79B were omitted retrospectively and all the pending

proceedings automatically stand 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-D is

quashed. Writ petition is accordingly allowed.

Sd/-

JUDGE

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