Allowed

T S Gowramma v. the State of Karnataka

Karnataka HC9 Jul 2021WP/10220/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed an order declaring a sale deed void and ordering forfeiture of land, held against a property owner who died before proceedings started. The court allowed the petition as Section 83 proceedings began post-mortem against the deceased.

What did the court decide?

The impugned order dated 10.03.2020 in Case No.LRF/194/2018-19 is quashed; respondents directed to restore revenue entries for the subject land in favour of the petitioner.

T S Gowramma Vs the State of Karnataka — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 09^TH DAY OF JULY 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.10220/2021 (LR)

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BETWEEN :

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T S GOWRAMMA, W/O LATE T KUMAR, AGED ABOUT 34 YEARS, R/AT 1ST CROSS, ASHOKANAGARA, JAIN COLONY, BEHIND PWD ENGINEERING CLUB, MANDYA - 571 403. ... PETITIONER

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(BY SRI KUMARA K.G, ADVOCATE)

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AND :

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA BENGALURU - 560 001.

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THE ASSISTANT COMMISSIONER MANDYA SUB-DIVISION, MANDYA MANDYA DISTRICT - 571 403

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THE THAHSHILDAR MANDYA

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MANDYA - 571 403. ... RESPONDENTS

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(BY SRI R. SRINIVASAGOWDA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH VIDE CASE NO.LRF/194/2018-19 DTD. 10.03.2020 PASSED BY THE R-2 AS ANNX-A.

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

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O R D E R

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The petitioner has impugned the order dated 10.03.2020 passed by the Assistant Commissioner, Mandya Sub-Division, Mandya [the second respondent] in Case No.LRF/194/2018-19. The second respondent has declared the sale deed dated 07.09.2017 void holding that the sale deed is in violation of the provisions of Section 79A and 79B of Karnataka Land Reforms Act, 1961 (for short, KLR Act) and has directed forfeiture of the land measuring 3 guntas in Sy.No.826 of Guthalu Village, Kothatti Hobli, Mandya Taluk [the subject land].

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It is undisputed that the petitioner's husband late Sri.T.Kumar has purchased the subject land under the sale deed dated 07.09.2017 and he has died on 19.11.2018. The Tahasidar has submitted a report to the second respondent for initiation of proceedings under Section 83 of the KLR Act on 04.12.2018, and the second respondent has initiated the proceedings in Case No.LRF/194/2018-19 on 05.03.2019, which has culminated with the impugned order dated 10.03.2020. Thus, by the time proceedings in Case No.LRF/194/2018-19 are initiated Sri.T.Kumar has died.

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In the light of the undisputed circumstances of the case, it is beyond dispute that the proceedings in Case No.LRF/194/2018-19 are initiated against a person who was dead and is continued. This would be impermissible in law. Significantly, the provisions of Section 79A, 79B and 80 of the KLR Act are omitted. As

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such, the petition is allowed and the impugned order dated 10.03.2020 passed by the Assistant Commissioner, Mandya Sub-Division, Mandya in Case No.LRF/194/2018-19 is quashed directing the respondents to restore the revenue entries for the subject land in favour of the petitioner.

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SD/JUDGE

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BSR

T S Gowramma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

T S Gowramma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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