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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF DECEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE R. NATARAJ

WRIT PETITION NO.22850/2017 (LR)

BETWEEN:

SRI K P MUHAMMED SALEEM

AGED 52 YEARS

S/O LATE K V KHADAR

AGRICULTURIST

KARNANGIRI VILLAGE AND POST

MADIKERI TALUK PIN-571 201

&PETITIONER

(BY SRI. ABDULLA T I, ADVOCATE)

AND:

1.

STATE OF KARNATAKA

REPRESENTED BY ITS

PRINCIPAL SECRETARY

REVENUE DEPARTMENT

MULTISTORIED BUILDING

BANGALORE-560 001

2.

KARNATAKA APPELLATE TRIBUNAL

MULTISTORIED BUILDING

DR AMBEDKAR VEEDHI

BANGALORE-560 001

REPRESENTED BY ITS SECRETARY

3.

THE ASSISTANT COMMISSIONER

MADIKERI SUB DIVISION

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MADIKERI-571 201

KODAGU DISTRICT

4.

THE TAHSILDAR

MADIKERI TALUK

MADIKERI-571 201

.&RESPONDENTS

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

THIS WRIT PETITION IS FILED UNDER ARTICLE 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

CALL FOR THE RECORDS AND RETURNS IN APPEAL

NO.302/2012 ON THE FILE OF THE R-2 AND ALSO

RECORDS IN CASE NO.61/2011-12 ON THE FILE OF THE

R-3 AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner has challenged the Order dated

04.02.2012 passed by the respondent No.3 in Case

No.Bhoo Su/Ri/61/2011-12, forfeiting the lands bearing

Sy.No.302/1

measuring

2

acres

80

guntas

and

Sy.No.302/2 measuring 1 acre 47 guntas situated at

Karnangiri Village, Madikeri Taluk, for violation of Sections

79A and 79B of the Karnataka Land Reforms Act, 1961

(henceforth referred to as 'the Act of 1961').

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2. The petitioner has also challenged the Order

dated 15.03.2017 passed by the Karnataka Appellate

Tribunal (henceforth referred to as 'the Tribunal') in Appeal

No.302/2012 (Revenue) confirming the Order passed by

the respondent No.3.

3.

By virtue of the Karnataka Land Reforms

(Second

Amendment)

Act,

2020,

(for

short,

'the

Amendment Act of 2020') Sections 79A, 79B and 79C of

the Act of 1961 were deleted with effect from 01.03.1974.

However, under Section 12(2) of the Amendment Act of

2020, all pending proceedings would abate by virtue of the

deletion of Sections 79A, 79B and 79C of the Act of 1961.

Since the present proceeding arises out of an action

initiated under Sections 79A and 79B of the Act of 1961

and qualifies to be a "pending proceeding", the impugned

Orders passed by the respondent No.3 as well as the

Tribunal abate. Hence, the following Order:

i).

The Writ Petition is allowed.

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ii).

The

impugned

Order

dated

04.02.2012 (Annexure 'F' to the petition)

passed by the respondent No.3 in Case No.

Bhoo Su/Ri/61/2011-12 and the Order dated

15.03.2017 (Annexure 'G' to the petition)

passed by the Karnataka Appellate Tribunal in

Appeal No.302/2012 (Revenue) are set aside.

The proceedings initiated by the respondent

No.3 against the petitioner abates.

iii).

The

respondent

No.3

shall

forthwith restore the name of the petitioner in

respect of the land in question in the revenue

records.

Sd/-

JUDGE

JT/-