Sri Syed Peer Vs Assistant Commissioner

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING IMPUGNED ORDER DATED 31.08.2018 IN CASE NO.LRF. SR (DE) 219/2009-10 PASSED BY R1 VIDE ANNEXURE-C AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE R DEVDAS

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ORAL ORDER

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Learned High Court Government Pleader takes notice for both the respondents.

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The petitioner is aggrieved of the impugned order

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dated 31.08.2018 at Annexure-C passed by the respondent-Assistant Commissioner and competent authority, who had invoked the provisions of Section 83 of the Karnataka Land Reforms Act, 1961, for violation of the provisions contained in Sections 79A and 79B of the Act, declaring that the sale deed dated 18.03.2009, under which the petitioner had purchased 2 Acres and 23 Guntas of land in Survey No.6 (old Sy.No.32) of Kondenahalli Village, Vijayapura Hobli, Devenahalli Taluk, Bengaluru Rural District, as void and resumed the said lands in favour of the Government. The petitioner however preferred an appeal before the Karnataka Appellate Tribunal, Bengaluru, in Appeal No.144 of 2019.

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HC-KAR

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Learned Counsel for the petitioner submits that

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the two provisions viz., Sections 79A and 79B along with 79C were deleted from the statute book in view of the second amendment to the Karnataka Land Reforms Act, by Act No.56 of 2020. However, in terms of Section 12(2) of the Amendment Act, 2020, all pending cases before any court, tribunal or other authority competent under the provisions of the Principal Act as on the date of promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020, pertaining to Sections 79A, 79B and 79C stood abated. Learned Counsel for the petitioner submits that the provisions of the Amendment Act are deemed to have come into effect from 13^th July, 2020. Therefore, it is clear that as on the date the Amendment Act was brought into force, the appeal filed by the petitioner was pending before the Karnataka Appellate Tribunal. Therefore, the Tribunal has erred in dismissing the appeal for non-prosecution.

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HC-KAR

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There is substance in the submissions made by

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the learned counsel for the petitioner.

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Since the appeal was admittedly pending consideration before the Karnataka Appellate Tribunal as on the date when the amendment provisions were brought into force, the Tribunal should have disposed of the appeal while declaring the proceedings initiated by the Assistant Commissioner against the petitioner has abated.

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Accordingly the writ petition is allowed . The impugned order dated 31.08.2018 at Annexure-C passed by the respondent-Assistant Commissioner and the order dated 16.09.2021 passed by the Karnataka Appellate Tribunal in Appeal No.144 of 2019 are hereby quashed and set aside. Since the proceedings initiated by the Assistant Commissioner is hereby declared as abated in view of the Amendment Act, 2020, the name of the petitioner shall be restored in the revenue records as expeditiously as

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