Allowed

K Satish v. the Karnataka Appellate Tribunal (Revenue)

Karnataka HC30 Nov 2021WP/14045/2021

Case brief

AI extract

What is this about?

This writ petition challenged an official memorandum dated 11.09.2020 issued by the Karnataka Appellate Tribunal (Revenue) refusing to entertain an appeal under Sections 79A, 79B, and 79C of the Karnataka Land Reforms Act, 1961. The court directed the petitioner to file the necessary appeal before the Tribunal.

What did the court decide?

The writ petition is disposed of by directing the petitioner to file the necessary appeal before the Tribunal. The time consumed in pursuing the writ petition shall be set off while calculating limita

K Satish Vs the Karnataka Appellate Tribunal (Revenue) — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF NOVEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE R.NATARAJ

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WRIT PETITION NO.14045 OF 2021 (LR)

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BETWEEN:

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K. SATISH, S/O LATE KAJA SUBBA RAO, AGED ABOUT 54 YEARS, R/A OPP. HOTEL ROYAL FORT, CANTONMENT, BELLARY - 583 101.

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...PETITIONER

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(BY SRI.ANIL KUMAR JOGIMATH, ADVOCATE)

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AND:

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THE KARNATAKA APPELLATE TRIBUNAL (REVENUE), REPRESENTED BY ITS REGISTRAR, M.S. BUILDING, BENGALURU - 560 001.

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THE ASST. COMMISSIONER, CHITRADURGA SUB-DIVISION, CHITRADURGA - 577 501.

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THE TASILDHAR, MOLAKALMURU TALUK, MOLAKALMURU, CHITRADURGA DISTRICT - 577 501.

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…RESPONDENTS

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(BY SRI.R.SRINIVAS GOWDA, 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 OFFICIAL MEMORANDUM DATED 11.09.2020 ISSUED BY THE R1 ANNEXURE - E DECLARING THE SAME AS ILLEGAL AND ETC.,

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

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O R D E R

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The learned Additional Government Advocate is directed to accept notice for the respondents.

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This Writ Petition is filed challenging an Order dated 11.09.2020 passed by the respondent No.1 under Sections 79A, 79B and 79C of the Karnataka Land Reforms Act, 1961 (for short, ‘the Act of 1961’) forfeiting the land bearing Sy.No.57/6 of Kanakuppe Village, Devasamudra Hobli, Molakalmuru Taluk measuring 6 acres 18 guntas.

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The petitioner has stated that the Karnataka Appellate Tribunal (henceforth referred to as 'the Tribunal') has issued an official memorandum dated 11.09.2020 stating that in view of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no appeal would be entertained against an order passed under Sections 79A, 79B and 79C of the Act of 1961 and therefore, refused to entertain the appeal against the impugned Order.

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By virtue of the Karnataka Land Reforms (Second Amendment) Act, 2020, Sections 79A, 79B and 79C of the Act of 1961 have been deleted from the date of its coming into force. However, under Section 12 of the Amendment Act, 2020

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such deletion does not affect concluded proceedings. An order passed by the respondent No.1 under Sections 79A, 79B and 79C of the Act of 1961, is appealable under Section 118 of the Act of 1961. So long as the remedy of an appeal is provided under the Act of 1961 as aforesaid, the Tribunal cannot issue any Circular/Memorandum refusing to entertain the appeal. Therefore, it is for the Tribunal to ascertain whether the proceedings initiated by the respondent No.1 is concluded or not and whether the proceedings has abated or not.

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In that view of the matter, this Writ Petition is disposed off directing the petitioner to file necessary appeal before the Tribunal. If such an appeal is filed, the Tribunal shall consider the case in accordance with law and pass appropriate orders. The time consumed in pursuing this Writ Petition shall be set off while calculating the limitation.

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The learned Additional Government Advocate is permitted to file memo of appearance within two weeks from today.

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Sd/JUDGE

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GJM

K Satish v. the Karnataka Appellate Tribunal (Revenue)

Case brief

What is this about?

What did the court decide?

K Satish v. the Karnataka Appellate Tribunal (Revenue)

Case brief

What is this about?

What did the court decide?

What the court decided

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