Allowed

Sri.T.K.Krishna Prasad v. State of Karnataka

Karnataka HC13 Jul 2022WP/532/2022

Case brief

AI extract

What is this about?

The High Court, Bengaluru, allowed a writ petition under Articles 226 and 227 of the Constitution, quashing an order of forfeiture and an appeal dismissal. The court held that pending proceedings abated under Section 12(2) of the Amending Act No.56/2020 because Sections 79A and 79B of the Karnataka Land Reforms Act were omitted.

What did the court decide?

Quashing of the order of forfeiture by the Assistant Commissioner and the order dismissing the appeal by the Karnataka Appellate Tribunal.

Sri.T.K.Krishna Prasad Vs State of Karnataka — Land Acquisition | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JULY, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE N.S.SANJAY GOWDA

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WRIT PETITION NO.532 OF 2022 (LR)

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BETWEEN:

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SRI. T.K.KRISHNA PRASAD, AGED ABOUT 50 YEARS, S/O LATE V.KEMPAIAH, R/AT NO.11/2, 1^ST CROSS, 1^ST MAIN ROAD, BHOVIPALYA, MAHALAKSHMI LAYOUT POST, BENGALURU - 560 086.

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... PETITIONER

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(BY SRI. UMESH M.N., ADVOCATE)

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AND :

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STATE OF KARNATAKA, REP. BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

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THE ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION, 2^ND FLOOR, KANDAYA BHAVAN, K.G.ROAD, BENGALURU - 560 009.

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... RESPONDENTS

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(BY SRI. R.SRINIVASA GOWDA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDERS PASSED BY RESPONDENT NO.2 IN CASE NO. LRF(1)87/09-10 DATED 14.12.2009 VIDE ANNEXURE-D AND THE ORDER PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.858/2019 DATED 07.04.2021 VIDE ANNEXURE-G 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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ORDER

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An order of forfeiture was made by the Assistant Commissioner on the premise that the land purchased by the petitioner was in contravention of Sections 79A and 79B of the Karnataka Land Reforms Act, 1961. As against the said order of forfeiture an appeal was preferred before the Karnataka Appellate Tribunal. The Karnataka Appellate Tribunal passed the impugned order on 07.04.2021 and dismissed the appeal.

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It is not in dispute that during pendency of the appeal before the Karnataka Appellate Tribunal, the Karnataka Land Reforms Act has been amended and Sections 79A and 79B has been omitted from the

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statute books. Section 12(2) of the Amending Act No.56/2020 also stipulates that all pending proceedings shall stand abated.

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In this case since, the appeal against the order of forfeiture was pending as on 13.07.2020, the proceedings would statutorily stand abated. Consequently, the impugned order of the Assistant Commissioner as well as the Karnataka Appellate Tribunal shall stand quashed.

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Accordingly, writ petition is allowed .

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Sd/JUDGE

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GPG

Sri.T.K.Krishna Prasad v. State of Karnataka

Case brief

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Sri.T.K.Krishna Prasad v. State of Karnataka

Case brief

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