Sri. R. Ramesh Babu vs The State Of Karnataka
2022 Latest Caselaw 890 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 19TH DAY OF JANUARY, 2022

                      BEFORE

          THE HON'BLE MR.JUSTICE R DEVDAS
       WRIT PETITION NO.52372 OF 2019 (LR)
BETWEEN:

SRI. R. RAMESH BABU,
S/O SRI. RAMACHANDRAIAH SHETTY,
AGED ABOUT 56 YEARS,
R/AT NO.68, RATHNA DEEPA,
KRISHNA THEATER ROAD,
DEVASANDRA, K R PURAM,
BENGALURU - 560 036.
                                       ....PETITIONER
(BY SRI. MUNIRAJ M, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA,
       REVENUE DEPARTMENT,
       M S BUILDING,
       DR. B R AMBEDKAR VEEDHI,
       BENGALURU - 560 001,
       REPRESENTED BY ITS SECRETARY.

2.     THE ASSISTANT COMMISSIONER,
       DODDABALLAPURA SUB DIVISION,
       DODDABALLAPURA - 561 203,
       BENGALURU RURAL DISTRICT.
3.   THE TAHASILDAR,
     HOSKOTE TALUK, HOSKOTE,
     BENGALURU RURAL DISTRICT - 562 114.
                                 ....RESPONDENTS
(BY SRI.A.R.SRINIVAS, AGA)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE IMPUGNED JUDGMENT DATED
23.07.2019 IN APPEAL NO.4 AND 5/2015 PASSED BY
THE HON'BLE KARNATAKA APPELLATE TRIBUNAL AS
PER ANNEXURE - A AND CONSEQUENTLY QUASH THE
ORDER DATED 24.11.2014 PASSED BY THE R-2 AS PER
ANNEXURE - F AND ETC.,

     THIS WRIT PETITION COMING ON FOR HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
                         ORDER

R. DEVDAS J., (ORAL):

The petitioner is aggrieved by the order of

forfeiture passed by the 2nd respondent - Assistant

Commissioner invoking the provisions of Section 83

of the Karnataka Land Reforms Act, 1961 for

violation of the provisions contained in Sections 79A

and 79B of the Act. The petitioner is also aggrieved

by the subsequent order of the Karnataka Appellate

Tribunal in Appeal Nos.4 & 5/2015 dated

23.07.2019.

2. The learned counsel for the petitioner

draws the attention of this Court to the Karnataka

Land Reforms (Second Amendment) Act, 2020,

Karnataka Act No.56 of 2020, whereby the

provisions of Sections 79A, 79B and 79C have been

omitted. Moreover, as per Section 12 of the

Amending Act, all cases finally disposed off before

the promulgation of the Karnataka Land Reforms

(Amendment) Ordinance, 2020 (Karnataka

Ordinance 13 of 2020) shall remain unaffected by

the Ordinance. Section 12 (2) provides that all

cases pending before any Court, Tribunal or other

authority competent under the provisions of the

Principal Act on the date of promulgation of the

Karnataka Land Reforms (Amendment) Ordinance,

2020 (Karnataka Ordinance 13 of 2020) pertaining

to Sections 79A, 79B and 79C shall stand abated.

3. Admittedly, as on the date of Ordinance,

the appeal filed by the petitioner herein was

pending before this Court. Sub-section (2) of

Section 12 of the Amending Act clearly provides

that if the proceedings are pending before any

Court, Tribunal or any authority competent under

the provisions of the Principal Act as on the date of

the promulgation of the Ordinance, 2020, such

proceedings shall stand abated.

4. For the reasons stated above, this Court

proceeds to pass the following

:ORDER:

     (i)      The   impugned         order      dated
              24.11.2014        passed     by     the
              2nd      respondent-        Assistant
              Commissioner       and     the    order
              dated 23.07.2019 passed by

Karnataka Appellate Tribunal in Appeal Nos.4 & 5/2015 are hereby quashed and set aside.

(ii) The proceedings in No.LRF/SR(HO)57,58/2009-10 is hereby declared as having abated.

Ordered accordingly.

Sd/-

JUDGE rv