Dismissed

Sri Somegowda v. Assistant Commissioner

Karnataka HC3 Dec 2021WP/14186/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition challenging forfeiture orders. The court held that the Appellate Tribunal cannot refuse appeals under Sections 79A and 79B of the Karnataka Land Reforms Act, 1961. The petitioner was directed to file the necessary appeal before the Tribunal.

What did the court decide?

Petitioner directed to file appeal before Tribunal; limitation to be calculated after setting off writ period time consumed.

Sri Somegowda Vs Assistant Commissioner — Property and Title | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03^RD DAY OF DECEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE R. NATARAJ

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WRIT PETITION NO.14186 OF 2021 (LR)

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BETWEEN:

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SRI SOMEGOWDA S/O LATE RAMEGOWDA AGED ABOUT 59 YEARS, NO.56 7TH CROSS OPP SHIKSHAKARANI CONVENT HEBBAL VIJAYANAGARA POST MYSURU-570017. ...PETITIONER

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(BY SRI. K.R. LINGARAJU, ADVOCATE)

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AND:

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ASSISTANT COMMISSIONER PANDAVAPURA SUB DIVISION PANDAVAPURA MANDYA DISTRICT-571434

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THE TAHSIDLAR PANDAVAPURA MANDYA DISTRICT-571434 ...RESPONDENTS

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(BY SRI. R.SRINIVAS, ADDITIONAL GOVERNMENT ADVOCATE)

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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER IN CASE DATED 10.02.2020 AND ORDER IN CASE DATED 24.02.2020 PASSED BY THE R1 VIDE ANNEXURE-A AND B AND ETC.,

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT PASSED

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ORDER

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This Writ Petition is filed challenging the Orders dated 10.02.2020 and 24.02.2020 passed by the respondent No.1 under Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 (for short, ‘the Act of 1961’) forfeiting the land bearing Sy.No.477/3 measuring 0.15.00 guntas and Sy.No.477/6 measuring 0.20.00 guntas of Belagola Village, Belagola Hobli, Srirangapatna Taluk.

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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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An order passed by the respondent No.2 under Sections 79A and 79B 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, having regard to the fact that Sections 79A and 79B of the Act of 1961 have been deleted from the date of its coming into force, which however does not apply to concluded proceedings, it is for the Tribunal to ascertain whether the proceedings initiated by the respondent No.2 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

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this Writ Petition shall be set off while calculating the limitation.

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The learned Additional Government Advocate is

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permitted to file memo of appearance within two weeks from today.

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Sd/JUDGE

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NR/NM

Sri Somegowda v. Assistant Commissioner

Case brief

What is this about?

What did the court decide?

Sri Somegowda v. Assistant Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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