Inaythulla Abu Mohamad Upponi vs The State Of Karnataka
2024 Latest Caselaw 22158 Kant

Karnataka High Court

Inaythulla Abu Mohamad Upponi vs The State Of Karnataka on 2 September, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

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                                                           NC: 2024:KHC-D:12575
                                                         WP No. 107560 of 2016




                                 IN THE HIGH COURT OF KARNATAKA,

                                         DHARWAD BENCH

                             DATED THIS THE 2ND DAY OF SEPTEMBER, 2024

                                              BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                           WRIT PETITION NO. 107560 OF 2016 (KLR-RR/SUR)
                      BETWEEN:

                      INAYTHULLA ABU MOHAMAD UPPONI,
                      AGE: 52 YEARS, R/O: MANKI,
                      OCC: AGRICULTURIST, TQ: HONAVAR,
                      DIST: UTTAR KANNADA.
                                                                  ...PETITIONER
                      (BY SRI.D.J.NAIK., ADVOCATE)

                      AND:

                      1.    THE STATE OF KARNATAKA,
                            REPRESENTED BY THE
                            ASSISTANT COMMISSIONER,
                            BHATKAL, TQ: HONAVAR,
                            DIST: UTTAR KANNADA.
Digitally signed by
THEJASKUMAR N         2.    DEPUTY COMMISSIONER,
Location: HIGH              KARWAR, UTTAR KANNADA.
COURT OF
KARNATAKA                                                       ...RESPONDENTS
                      (BY SMT.KIRTILATA.R.PATIL., HCGP FOR R1-R2)

                             THIS WRIT PETITION IS FILED UNDER ARTICLES 226
                      AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
                      RELIEFS.
                             THIS WRIT PETITION IS LISTED FOR PRELIMINARY
                      HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
                      UNDER:
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                                           NC: 2024:KHC-D:12575
                                        WP No. 107560 of 2016




                         ORAL ORDER

Sri.D.J.Naik., learned counsel for the petitioner and

Smt.Kirtilata R.Patil., learned HCGP for the respondents have

appeared in person.

2. The captioned Writ Petition is filed seeking a Writ of

Certiorari to quash the order dated 28.09.2006 passed by the

Assistant Commissioner in PÀª æ ÀiÁAPÀ: ¨sÀƸÀÄ/J¦/J¸ïDgï/14/2001-02

vide Annexure-B and the order dated 22.02.2013 passed by the

Karnataka Appellate Tribunal in Appeal No.185/2007 vide

Annexure-E.

3. Learned counsel for the respective parties urged

several contentions. Heard the contentions and perused the

Writ papers with utmost care.

4. The land bearing Sy.No.136/2 measuring 0-05-0

Guntas situated at Manki Village, Honnavar Taluk, U.K District

was purchased by the petitioner under a registered sale deed in

the year 1994 for valuable consideration. The said land was

forfeited by the Assistant Commissioner on 28.09.2006 on the

ground that the alienation is in violation of Section 79B and 80

NC: 2024:KHC-D:12575

of the Karnataka Land Reforms Act. As against the order of the

Assistant Commissioner, the petitioner preferred an appeal

before the Karnataka Appellate Tribunal, Bengaluru (Belgaum

Camp) in Appeal No.185/2007. The Appellate Tribunal vide

Judgment dated 22.02.2013 dismissed the appeal.

During the pendency of the Writ Petition, by the

Amendment Act, 2020, Sections 79A, 79B and 79C of the

Karnataka Land Reforms Act, 1961 were omitted with effect

from 01.03.1974. In view of the same, all pending proceedings

for violation of Sections 79A, 79B and 79C and the order

passed by the Assistant Commissioner and the Appellate

Tribunal are liable to be set-aside. Accordingly, they are set-

aside.

4. The Writ of Certiorari is ordered. The order dated

28.09.2006 passed by the Assistant Commissioner in PÀæªÀiÁAPÀ:

¨sÀƸÀÄ/J¦/J¸ïDgï/14/2002-02 vide Annexure-B and the order

dated 22.02.2013 passed by the Karnataka Appellate Tribunal

in Appeal No.185/2007 vide Annexure-E are quashed.

5. Resultantly, the Writ Petition is allowed.

NC: 2024:KHC-D:12575

The authority concerned is directed to restore the name

of the petitioner in the revenue records in respect of the land in

question within a period of six weeks from the date of receipt of

certified copy of this order.

Sd/-

(JYOTI MULIMANI) JUDGE TKN