SHANTHAKUMARI K. R. Vs. TAHASILDAR

JUDGEMENT

(1.) The petitioner is aggrieved by the order of forfeiture dtd. 30/3/2016 passed by the 2nd respondent-Assistant Commissioner invoking the provisions of Sec. 83 of the Karnataka Land Reforms Act, 1961 for violation of the provisions contained in Ss. 79A and 79B of the Act. The petitioner is also aggrieved by the subsequent order of the Karnataka Appellate Tribunal in Appeal No.327/2016 dtd. 31/8/2018.

(2.) The learned counsel for the petitioner draws the attention of this Court to the Karnataka Land Reforms (Second Amendment) Act, 2020, Karnataka Act No.56 of 2020, whereby the provisions of Sec. 79A, 79B and 79C have been omitted. Moreover, as per Sec. 12 of the Amending Act, all cases finally disposed off before the promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020) shall remain unaffected by the Ordinance. Sec. 12 (2) provides that all cases pending before any Court, Tribunal or other authority competent under the provisions of the Principal Act on the date of promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020) pertaining to Sec. 79A , 79B and 79C shall stand abated.

(3.) Admittedly, as on the date of Ordinance, the proceedings filed by the petitioner herein is pending before this Court. Sub-sec. (2) of Sec. 12 of the Amending Act clearly provides that if the proceedings are pending before any Court, Tribunal or any authority competent under the provisions of the Principal Act as on the date of the promulgation of the Ordinance, 2020, such proceedings shall stand abated.