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The court heard two petitions challenging orders confiscating petitioners' properties under Section 79(A) of the Karnataka Land Reforms Act. Section 79(A) has since been deleted. The court set aside the impugned orders, directing respondents to certify petitioners as owners in property records within one month. The court also clarified the sale deeds were not in violation of Section 79(A) due to the amendment. The petitions were allowed.

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Siddu Karbari
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39 views

$RRPG3U8

The court heard two petitions challenging orders confiscating petitioners' properties under Section 79(A) of the Karnataka Land Reforms Act. Section 79(A) has since been deleted. The court set aside the impugned orders, directing respondents to certify petitioners as owners in property records within one month. The court also clarified the sale deeds were not in violation of Section 79(A) due to the amendment. The petitions were allowed.

Uploaded by

Siddu Karbari
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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WP No. 200329 of 2023


C/W WP No. 200480 of 2023

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

DATED THIS THE 15TH DAY OF FEBRUARY, 2023

BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 200329 OF 2023 (LR-)
C/W
WRIT PETITION NO. 200480 OF 2023
WP.200329/2023
BETWEEN:

1. D.V.S. APPALA RAJU S/O D.V.A.N RAJU


AGED ABOUT 65 YEARS, OCC: AGRICULTURE,
R/O H.NO.19-1-296, MAHADEV COLONY
SHIVANAGAR SOUTH,
BIDAR-585 401.

…PETITIONER

(BY SRI.PREETAM DEULGAONKAR, ADVOCATE)


Digitally
signed by AND:
KHAJAAMEEN
L MALAGHAN 1. THE STATE OF KARNATAKA
Location: High THROUGH ITS SECRETARY,
Court of DEPT. OF REVENUE,
Karnataka
M.S. BUILDING,
BENGALURU-560 001

2. THE ASSISTANT COMMISSIONER


BASAVAKALYAN SUB DIVISION,
DIST. BIDAR
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WP No. 200329 of 2023
C/W WP No. 200480 of 2023

3. THE TAHASILDAR
TAHASIL OFFICE, BASAVAKALYAN,
DIST. BIDAR.

…RESPONDENTS

(BY SRI. VEERANAGOUDA MALIPATIL, HCGP)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226


AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE WRIT IN THE NATURE OF CERTIORARI AND SET ASIDE
THE ORDER OF 2ND RESPONDENT DATED 30.06.2012 BEARING
NO.REV. LRM. CR. 07 / 2012 – 13 / 1463 - 1464, PRODUCED
HEREWITH AS ANNEXURE-B, B) ISSUE ANY WRIT, ORDER OR
DIRECTION TO THE RESPONDENTS TO REGULARIZE THE SALE
DEEDS BEARING NO.04525 / 2011-12 AND NO.04526/2011-12
EXECUTED ON 31.10.2011, PRODUCED AS ANNEXURES - A &
A1. C) ISSUE ANY WRIT, ORDER OR DIRECTION TO THE
RESPONDENTS TO REMOVE THE NAME OF STATE OF
KARNATAKA FROM THE RECORD OF RIGHTS FOR THE LANDS
SY.NO.274/1 MEASURING 06 ACRES AND SY.NO.274/2
MEASURING 04 ACRES 38 GUNTAS BOTH ARE SITUATED AT
NIRNA VILLAGE, TQ. HUMNABAD, DIST. BIDAR AND ETC.
-3-
WP No. 200329 of 2023
C/W WP No. 200480 of 2023

WP.200480/2023

BETWEEN:

1. KUMAR S/O NYAMADEV HARIJAN


AGED ABOUT 47 YEARS
R/O GUNADAL MAMADAPUR HOBLI,
BABALESHWAR TALUK
VIJAYAPURA DIST.-586125

…PETITIONER
(BY SRI. YATNAL P. G., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA


DEPARTMENT OF REVENUE,
R/BY PRINCIPAL SECRETARY,
VIDHAN SOUDHA
BANGALORE-560001

2. THE DEPUTY COMMISSIONER


OF VIJAYAPURA AT
VIJAYAPURA-586101

3. THE ASSISTANT COMMISSIONER OF


THE VIJAYAPURA SUB DIVISION
AT VIJAYAPURA-586101

4. THE TAHSILDAR BABALESHWAR


(EARLIER VIJAYAPURA TAHASILDAR)
AT BABALESHWAR
VIJAYAPUR DIST.-586101

5. THE DEPUTY TAHSILDAR


MAMADAPUR BABALESHWAR TALUK
VIJAYAPURA DIST.-586113

…RESPONDENTS
(BY SRI. VEERANAGOUDA MALIPATIL, HCGP)
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WP No. 200329 of 2023
C/W WP No. 200480 of 2023

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO

ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED

ORDER DATED 30-08-2018 VIDE NO.BHOOSU-79A/B:CR-02-

2018-19 PASSED BY THE 3RD RESPONDENT AND PRODUCED AS

ANNEXURE-C AND ETC.,

THESE PETITION IS COMING ON FOR PRELIMINARY

HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

Heard the learned counsel for the petitioners and the

learned High Court Government Pleader for the respondents.

02. The W.P.No.200329/2023 is filed challenging the

order dated 30.06.2012 at Annexure-B. The

W.P.No.200480/2023 is filed challenging the order dated

30.08.2018 at Annexure-C. These orders are passed by the

Assistant Commissioner invoking Section 79 (A) of the

Karnataka Land Reforms Act. The properties are confiscated on

the ground that the sale transactions in the name of the

respective petitioners violated the provisions of Section 79 (A)


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WP No. 200329 of 2023
C/W WP No. 200480 of 2023

of the Karnataka Land Reforms Act. The Section 79 (A) of the

Karnataka Land Reforms Act, is deleted in terms of ordinance of

2020. The effect of deletion was considered by the Coordinate

Bench of this Court in W.P.No.107318/2019 and

W.P.No.103756/20210.

03. Under these circumstances, this Court is of the view

of that the petitions should succeed. The impugned orders are

to be set-aside. Consequently, the impugned orders are set-

aside. The respondents No.2 and 3 shall certify the name of the

petitioners in the respective property records of the properties

purchased by them, within one month from the date of receipt

of certified copy of this order.

04. It is also made clear that in view of the amendment

referred above, the sale deed dated 31.10.2011 at Annexure-A

and A1 are held to be not in violation of Section 79 (A) of the

Karnataka Land Reforms Act.

05. With the above observations, the writ petitions are

allowed.

Sd/-
JUDGE
KJJ
LIST NO.: 1 SL NO.: 30

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