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1974 Supreme(Kar) 71
Karnataka High Court
NARAYANA JETTI PATAGAR - Appellant
Versus
ISHWAR GANAPA HEGDE - Respondent
Decided On : 03-28-74
C.R.P. : 1608 of 1071
The amendment to the principal Act resulted in the deletion of S. 14 and the abatement of pending proceedings for resumption of land, as provided under S. 91 of the amending Act.
Headnote:
S. 14 - Karnataka Land Reforms Act, 1961 - Amendment to principal Act - Effect on pending proceedings for resumption of land
Fact of the Case:
The tenants filed revision petitions against orders for resumption of land under S. 14 of the Karnataka Land Reforms Act, 1961. During the proceedings, the principal Act was amended by Karnataka Act No. 1 of 1974, which made drastic changes to S. 14.
Finding of the Court:
The court found that the amending Act deleted S. 14 of the principal Act and provided for abatement of pending proceedings for resumption of land. Consequently, the orders for resumption of land were vacated, and the proceedings for resumption filed by the landlords were deemed to have abated.
Issues: Effect of amendment on pending proceedings for resumption of land under S. 14 of the principal Act
Ratio Decidendi: The amendment to the principal Act resulted in the deletion of S. 14 and the abatement of pending proceedings for resumption of land. S. 91 of the amending Act provided for the disposal of pending proceedings in light of the amendment.
Final Decision: The revision petitions were allowed, the orders for resumption of land were vacated, and the proceedings for resumption filed by the landlords were deemed to have abated. Each party was directed to bear their own costs.
( 2 ) DURING the pendency of these proceedings, the principal Act has been amended by Karnataka Act Noi. l of 1974. The amending Act has made drastic changes in the principal Act. S. 14 of the principal Act has been delated and there is no provision in the, principal Act as now amended, far resumption by landlords except in the, cases coming under S. 15 as substituted. In order to remove all doubts, S. 91 of the, amending Act provides as to how pending proceedings should be, disposed of. The said section provides that all applications and other proceedings relating to resumption of land pending before any Court immediately before the date of commencement of the amending Act, shall not have, any effect and shall abate.
( 3 ) IT is clear and it is not disputed that the proceedings for resumption of land from the petitioners are pending in this Court. Therefore, S. 91 of the amending Act is attracted. The result is that the proceedings taken by the landlords for resumption under S. 14 of the principal Act, shall not have any effect and they shall abate.
( 4 ) ACCORDINGLY, these revision petitions are allowed, the orders made for resumption of land are vacated and it is further ordered that the proceedings for resumption filed by the respondents-landlords have abated.
( 5 ) THE parties are directed to bear their own costs in all these cases.
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