MOHAMMED MUSTAFA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a matter arising out of the provisions contained in Sec. 79A and 79B of the Karnataka Land Reforms Act (for short 'the Act'). It is an admitted fact that Sri Mohammed Mustafa purchased about 5 acres of land in Sy.No.146/1, 146/2, 150/1 and 150/2 of Kannamangala Village, Bidarahalli Hobli, Bangalore East Taluk, under 7 separate sale deeds for the year 2004. However, proceedings were initiated invoking the provisions contained in Sec. 79A and 79B of the Act by the Assistant Commissioner, Bangalore North Taluk and impugned order was passed on 2/11/2007 declaring that the purchasers have violated the provisions contained in Sec. 79A and 79B of the Act.

(2.) The learned counsel for the petitioners submits that Sri Mohammed Mustafa, who had purchased the property in the year 2005 died on 18/10/2005 as could be seen from the death certificate at Annexure-J. Learned counsel would therefore submit that the impugned order has been passed against a dead person and no information was available to the legal representatives of Sri Mohammed Mustafa.

(3.) Nevertheless, this Court has taken note of the amendment brought to the provisions in terms of the Karnataka Land Reforms (Second Amendment) Act, 2020, while omitting the provisions contained in Sec. 79A, 79B and 79C. It was also noticed that 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.