Allowed

Sri Stroiney Joseph Pais v. the State of Karnataka

Karnataka HC23 Oct 2021WP/15033/2021

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging a land forfeiture order. The Court held that since the relevant sections of the Land Reforms Act were repealed while proceedings were pending, the impugned orders were set aside, and the petitioner's name was directed to be restored in revenue records.

What did the court decide?

Impugned orders set aside; Petitioner's name to be restored in revenue records within three months.

Sri Stroiney Joseph Pais Vs the State of Karnataka — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF OCTOBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE R. NATARAJ

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WRIT PETITION NO.15033 OF 2021 (LR)

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BETWEEN:

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SRI. STROINEY JOSEPH PAIS, S/O STANY PAIS, AGED ABOUT 42 YEARS, OCC AGRICULTURIST, HOSAALA VILLAGE, KOTA HOBLI, BRAMHAVARA TALUK, UDUPI DISTRICT - 576 210.

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... PETITIONER

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(BY SRI.DR.RAVINDRA V REDDY, 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, DODDABALLAPURA SUB DIVISION, DODDABALLAPURA, BENGALURU RURAL DISTRICT - 561 203.

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THE TAHSILDAR, DODDABALLAPURA TALUK, DODDABALLAPURA, BENGALURU RURAL DISTRICT - 561 203.

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... RESPONDENTS

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(BY SRI.A.R.SRINIVAS, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE JUDGMENT DATED 29.3.2021 IN APPEAL NO.1110/2019 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU VIDE ANNEXURE - A AND THE ORDER DATED 31.10.2018 PASSED BY THE R-2 VIDE ANNEXURE - B AND ETC.,

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

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O R D E R

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This writ petition is filed challenging the Order dated 31.10.2018 passed by respondent No.2 under Sections 79(A) & (B) of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as 'the Act' for short) as well as the order dated 29.03.2021 passed by the Karnataka Appellate Tribunal in Appeal No.1110/2019.

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The land in question is bearing Sy.No.132/02 of Gunjuru Village, Tubagere Hobli, Doddaballapura Taluk, which was purchased by the petitioner in terms of a sale deed dated 03.04.2012. The respondent No.2 initiated proceedings under Sections 79(A) & (B) of the Act against the petitioner and placed the petitioner ex-parte and forfeited the land for the alleged violation of Sections

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79(A) & (B) of the Act. An appeal preferred by the petitioner before the Tribunal was dismissed as it was filed belated. Being aggrieved by the aforesaid orders, the present writ petition is filed.

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It is not in dispute that the proceedings were pending before the Tribunal when Sections 79(A) and (B) were repealed by an ordinance. In view of the deletion of Sections 79(A) & (B) of the Act from the date of its coming into force, the Tribunal ought to have allowed the proceedings and must have set at naught the order passed by the respondent No.2. Since no question of law or fact need to be considered, this Court deems it appropriate to dispose off the writ petition, rather than remitting the case to the respondent No.2

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Hence, this writ petition is allowed and

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impugned orders passed by respondent No.2 as well as the Tribunal referred above are set aside. The respondent Nos.2 and 3 are directed to restore the name of the petitioner in the revenue records of the land in question,

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within a period of three months from the date of the receipt of a certified copy of this Order. It is needless to state that if the revenue records are in the name of the petitioner as on date, then the question of restoration would not arise.

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Sd/JUDGE

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NR/-

Sri Stroiney Joseph Pais v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Stroiney Joseph Pais v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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