Manjula W/O Kallayya Swamy vs The State Of Karnataka And Ors
2023 Latest Caselaw 551 Kant

                                1

          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH
       DATED THIS THE 9TH DAY OF JANUARY 2023
                           PRESENT
 THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR
                              AND
THE HON'BLE MR.JUSTICE T.G.SHIVASHANKARE GOWDA

          WA No.200016/2022 (KLR-RR/SUR)
Between:
Manjula W/o Kallayya Swamy,
Aged about 42 years,
Occ: Household & Agriculture,
R/o: Dhupat Mahagaon, Tq: Aurad (B),
Now residing at H.No.4-6-106/1,
Rambagh Attapur, Hyderabad,
Telangana State-500006.
                                                     ...Appellant
(By Sri K.M.Ghate, Advocate)

And:
1.     The State of Karnataka,
       Through its Principal Secretary,
       Revenue Department M.S.Building,
       Vidhana Vedhi, Vidhana Soudha,
       Bangalore-560001.

2.     The Assistant Commissioner,
       Bidar-585401.

3.     The Tahsildar,
       Taluka Bidar, District Bidar-585401.

4.     The Revenue Inspector,
       Village Amlapur, Taluka and District Bidar-585401.
5.     The Village Accountant,
       Amlapur, Taluka and District Bidar-585401.
                                             ...Respondents
(By Sri Mallikarjun C.Basareddy, GA for R1 to R5)
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       This Appeal is filed under Section 4 of the Karnataka High
Court Act 1961, praying to allow the writ petition and set aside
the order under challenge passed by the learned Single Judge
on 10.06.2020 in Writ Petition No.203208/2016 (KLR-RR-SUR)
consequently pleased to quash the order passed by the 2 nd
respondent vide Annexure-H to the Writ Petition in file
No.REV/LRM/CR-1/2015-16/1136 dated 21.06.2016, as prayed
for to meet the ends of justice and equity.

      This appeal coming on for admission, through physical
hearing/video conference, this day SREENIVAS HARISH
KUMAR J., delivered the following:

                         JUDGMENT

Heard Sri. K.M.Ghate, learned counsel for the

appellant and Sri. Mallikarjun C. Basareddy, learned

Government Advocate for respondents.

2. In this writ appeal, the appellant has

challenged the order dated 10.06.2020 passed in

W.P.No.203208/2016. The facts are that, the

appellant purchased 27 guntas of land in Sy.No.13/2

of Amalapur village, Bidar Taluka for a consideration

of Rs.3,37,500/-. Since the purchase of land was in

contravention of Sections 79-A and 79-B of the

Karnataka Land Reforms Act, proceeding was initiated

against the appellant by the Assistant Commissioner.

By order dated 21.06.2016 as per Annexure-H, the

Assistant Commissioner, Bidar declared the sale

transaction illegal and ordered for forfeiting the said

land. When this order was challenged in the writ

petition, the learned Single Judge opined that the

appellant has to approach the Karnataka Appellate

Tribunal by filing an appeal under Section 118(2) of

Karnataka Land Reforms Act.

3. Since an amendment was brought to

Karnataka Land Reforms Act increasing the limit from

Rs.2,00,000/- to Rs.25,00,000/- by Act No. 33 of

2015 and again to Section 79-A and B by Act No.56 of

2020, we are of the opinion that the Assistant

Commissioner, Bidar has to decide the matter keeping

in mind the said amendments. Therefore, we find this

writ appeal deserves to be allowed. Accordingly, we

allow the writ appeal by setting aside the order dated

10.06.2020 passed in W.P.No.203208/2016 and remit

the case back to the Assistant Commissioner, Bidar to

decide afresh on the basis of the amendments brought

to Karnataka Land Reforms Act.

Appellant is directed to appear before the

Assistant Commissioner, Bidar on 01.03.2023.

Sd/-

JUDGE

Sd/-

JUDGE

SMP