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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF SEPTEMBER 2020

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

WRIT PETITION NO.47468 OF 2018 (LR)

BETWEEN:

SRI. B.R. KESHAVANANDA

S/O SRI. K.N. RADHAKRISHNA

AGED ABOUT 43 YEARS

RESIDING AT NO.284

SEVEN HILLS INTERNATIONAL

4^TH MAIN ROAD, 4^TH PHASE

2^ND CROSS, PEENYA INDUSTRIAL ZONE

BENGALURU

... PETITIONER

(BY SRI. H.Y. HARISH, ADVOCATE)

AND

1.

THE ASSISTANT COMMISSIONER

SHIMOGA SUB-DIVISION

SHIMOGA-577 201

2.

THE TAHSILDAR

BHADRAVATHI TALUK

SHIMOGA DISTRICT-577301

3.

STATE OF KARNATAKA

REPRESENTED BY ITS

ADDITIONAL SECRETARY

DEPARTMENT OF REVENUE

M.S.BUILDING

BANGALORE-01 ... RESPONDENTS

(BY SRI. R. SRINIVASA GOWDA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED

ORDER DATED 2.2.2015 PASSED BY THE R-1 VIDE ANNEXURE-G AND

QUASH THE IMPUGNED FORFEITURE ORDER DATED 14.11.2016

PASSED BY THE R-1 VIDE ANNEXURE-H IN RESPECT OF LAND IN

SURVEY NUMBER 17/1 MEASURING 4-35 ACRES, IN YAREHALLI

VILLAGE, KODLIGERE HOBLI, BHADRAVATHI TALUK AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING

IN ‘B’ GROUP THIS DAY, THROUGH VIDEO CONFERENCING, THE

COURT MADE THE FOLLOWING:

O R D E R

Heard learned counsel for petitioner and learned

Additional Government Advocate for respondents.

2. The issue raised in this petition is covered by the

decision of this Court in W.P.No.38276/2013 (LR – RES) and

W.P.Nos.38702-703/2013 dated 25.01.2016, wherein, it is

held that the Amendment Act of 33 of 2015 enhancing the

limit from Rs.2 lakhs to Rs.25 lakhs under Section 79A of the

Karnataka Land Reforms Act, 1961 (hereinafter referred to as

‘the K.L.R. Act 1961’), is retrospective in operation. It is

noticed from the records that the concerned authority under

the K.L.R. Act 1961 namely, the Karnataka Appellate Tribunal

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has recorded a finding of fact that the income of petitioner for

three years prior to the date of the purchase of the subject

property

was

Rs.22,01,203/-,

Rs.17,65,484/-

and

Rs.9,80,163/- respectively; as such, the sale transaction

entered into by the petitioner does not offend Section 79A of

the K.L.R. Act 1961.

3. For the above reasons, the petition is allowed. The

order dated 06.07.2018 passed by the Karnataka Appellate

Tribunal in appeal No.190/2017 at Annexure ‘J’, the order

dated 14.11.2016 passed by respondent No.1 in case

No.LRF:79(A)(B):CR:20/13-14 at Annexure ‘H’ and order

dated 02.02.2015 passed by respondent No.1 in case No.LRF

79(A) (B):47/14-15 at Annexure ‘G’ are hereby set aside.

Sd/-

JUDGE

Yn.