Purchasers of agricultural land challenged an order voiding their purchase for violating Sections 79A and 79B of the Karnataka Land Reforms Act. The court found the delay unexplained and held that finally disposed cases remained unaffected by the repeal of Sections 79A and 79B.
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NC: 2024:KHC:41374 WP No. 29386 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 29386 OF 2023 (LR)
BETWEEN:
Digitally signed by H K HEMA Location: High Court of Karnataka
…PETITIONERS
(BY SRI. RAHUL G.SANGRESHI, ADVOCATE FOR SRI. MANMOHAN P.N., ADVOCATE)
NC: 2024:KHC:41374 WP No. 29386 of 2023
AND:
…RESPONDENTS
(BY SMT. M.V.ADITHI, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29.07.2011 PASSED BY RESPONDENT NO.2 BEARING CASE NO.BUSU.PARI.158/09-10 PRODUCED AS ANNEXURE-E AND CONSEQUENTLY, RESTORE THE KATHA IN THE NAME OF THE PETITIONERS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
NC: 2024:KHC:41374 WP No. 29386 of 2023
under the provisions of the principal Act on the date of promulgation of the Karnataka Land Reforms
(Amendment) Ordinance, 2020 pertaining to Sections 79A and 79B shall stand abated and all cases finally disposed off before the promulgation of the said ordinance shall remain unaffected.
SD/(M.I.ARUN) JUDGE
PGG List No.: 1 Sl No.: 8
1 issue framed by the court
Whether a writ petition challenging a 2011 order under Sections 79A/79B could be maintained after repeal of those sections by the 2020 amendment despite unexplained delay.
2 provisions across 2 enactments
MRS. ANITHA ENOS
MR. MARCEL ENOS
MS. VAISHALI MARCEL ENOS
THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE
THE ASSISTANT COMMISSIONER, PANDAVAPURA SUB-DIVISION
THE TAHSILDAR, SRIRANGAPATNA TALUK
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
