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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 06^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE P.B. BAJANTHRI

WRIT PETITION NO.55154/2018 (LR)

BETWEEN:

ABDUL MUYEED ALIAS SHAHAB

SON OF LATE M.A. RASHEED,

AGED ABOUT 50 YEARS,

RESIDING AT NO. 5/2-3,

BENSON CROSS, BENSON TOWN,

BANGALORE - 560 046.

… PETITIONER

(BY SRI. BHARATI PATIL FOR

SRI. KAMAL & BHANU & M.G.S. KAMAL, ADVOCATES)

AND:

1.

THE STATE OF KARNATAKA

BY ITS SECRETARY,

REVENUE DEPARTMENT,

M.S. BUILDING,

BENGALURU - 560 001.

2.

THE ASSISTANT COMMISSIONER

PANDAVAPURA SUB DIVISION,

PANDAVAPURA - 571 434.

3.

THE TAHSILDAR

SRIRANGAPATANA TALUK,

SRIRANGAPATANA - 571 438.

... RESPONDENTS

(BY SRI. KIRAN KUMAR T.L., AGA)

THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE

RECORDS

IN

APPEAL

NO.

603/2017

FROM

THE

KARNATAKA

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APPELLATE TRIBUNAL AND ALSO IN CASE NO. BHOO SU: PAR

(SHREE)/42/2015-16 THE R-2 AND AFTER GOING THROUGH THE

PROPERTY OR OTHERWISE AND ETC.,

THIS

PETITION

COMING

ON

FOR

ORDERS

PHYSICAL

HEARING/VIDEO CONFERENCING HEARING (OPTIONAL), THIS DAY,

THE COURT MADE THE FOLLOWING:-

ORDER

In the instant petition, petitioner has prayed for the

following reliefs:-

a) set aside the Order dated 08.06.2018

passed by the Karnataka Appellate Tribunal

in Revenue Appeal No. 603 of 2017 as per

Annexure-A;

b) set aside the order dated 04.03.2017

passed by the Second Respondent in Case

No. BHOO SU: PARI (SHREE) 42/2015-16

as per Annexure-H

c) Consequently allow the Petition and declare

that the order passed by the Assistant

Commissioner,

Pandavapura

Division,

Pandavapura, is illegal; as per Annexure-

'H'.

d) pass such other Order / Orders as this

Hon'ble Court deems fit to grant in the

nature of the case.

2.

During the pendency of the present petition,

State Government has issued ordinances bearing Nos.13 of

2020 and 23 of 2020 on 13.07.2020 and 02.11.2020

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respectively while deleting Sections 79A and 79B of the

Karnataka Land Reforms Act, 1961.

3.

In terms of the aforesaid ordinances and in view

of decision passed by a co-ordinate bench of this Court in

W.P. No.41744/2019 (LR) decided on 10.12.2020 that the

proceedings

stood

abated,

impugned

orders

dated

08.06.2018

(Annexure-A)

passed

by

the

Karnataka

Appellate

Tribunal,

Bengaluru

in

Revenue

Appeal

No.603/2017 and dated 04.03.2017 (Annexure-H) issued by

the Assistant Commissioner, Pandavapura sub-division,

Pandavapura are set aside, writ petition stands allowed.

Sd/-

JUDGE

KPS