K.U.SIDHARTHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is aggrieved by the order of forfeiture dtd. 17/3/2020 passed by the respondent No.2-Assistant Commissioner invoking the provisions of Sec. 83 of the Karnataka Land Reforms Act, 1961 (for short, 'the Act') for violation of the provisions contained in Ss. 79A and 79B of the Act.

(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 Ss. 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 (for short, 'Ordinance, 2020') (Karnataka Ordinance No.13 of 2020) shall remain unaffected by the Ordinance. Sec. 12 (2) of the Amending Act 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 No.13 of 2020) pertaining to Ss. 79A, 79B and 79C shall stand abated.

(3.) It is clear from the facts that although on remand of the matter by the Karnataka Appellate Tribunal, the Assistant Commissioner passed an order on 17/3/2020 and the Ordinance, 2020 was passed on 13/7/2020, the petitioner had sufficient time to approach the Karnataka Appellate Tribunal (for brevity, 'Tribunal'). However, the petitioner did not approach the Tribunal. On this aspect of the matter, the learned counsel for the petitioner submits that the petitioner was not aware of the fact that the Assistant Commissioner had passed the order on 17/3/2020.