- 1 - NC: 2025:KHC:5174 WP No. 25880 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.25880 OF 2024 (LR) BETWEEN: 1. VALKI MOHAMMED HAYATH S/O MOHIDDIN VALKI AGED ABOUT 66 YEARS 2. MRS. ARJUMAN BANU WIFE OF MR.VALKI MOHAMMED HAYATH AGED ABOUT 59 YEARS BOTH ARE RESIDING AT NO.7, "B" LAYOUT, SIDDIQUE NAGAR BANNIMANTAP MYSORE-570 015 REPRESENTED BY ITS SPA HOLDER SRI.MOHAMMED ISRAR S/O. MR.ABDUL WAJID AGED ABOUT 40 YEARS RESIDING AT NO.412 BANNIMANTAP "C" LAYOUT MYSORE. …PETITIONERS (BY SRI. B.M.HALASWAMY, ADVOCATE) AND: 1. THE THASILDAR MYSORE TALUK MYSORE - 570005 Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5174 WP No. 25880 of 2024 2. THE ASSISTANT COMMISSIONER MYSORE SUB DIVISION MYSORE - 570005 …RESPONDENTS (BY SMT.VAHEEDHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT QUASHING THE ORDER DTD 29.06.2011 PASSED BY THE R-2 IN L.R.F.79.A, B 6/2011-12, ANNEXURE-G RESUMING THE LANDS BELONGING TO PETITIONERS SON LATE ZAKHI AHAMED VALKI AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This captioned writ petition is filed assailing the order passed by respondent No.2 - Assistant Commissioner under Sections 79A and 79B of the Karnataka Land Reforms Act. 2. Heard learned counsel for the petitioners and learned AGA. 3. The petitioners are compelled to approach this Court though an appeal assailing the order of respondent - 3 - NC: 2025:KHC:5174 WP No. 25880 of 2024 No.2 - Assistant Commissioner passed under Sections 79A and 79B of the Karnataka Land Reforms Act is pending before the Karnataka Appellate Tribunal. 4. Upon perusal of the records and after considering the contentions raised by the petitioners, this Court finds that the core issue pertains to the non-disposal of the appeal pending before the Karnataka Appellate Tribunal, despite the clear mandate of law following the enactment of the Karnataka Land Reforms Amendment Act, 2020. It is an undisputed fact that the order passed by respondent No.2 – Assistant Commissioner under Sections 79A and 79B of the Karnataka Land Reforms Act has now abated due to the legislative changes brought into effect through the Karnataka Land Reforms Amendment Ordinance, 2020, which has since been incorporated into the Principal Act. The delay in disposing of the pending appeal runs counter to the legislative intent and creates unnecessary hardship for the petitioners. - 4 - NC: 2025:KHC:5174 WP No. 25880 of 2024 5. A close reading of Section 12(2) of the Karnataka Land Reforms Amendment Ordinance, 2020, which now forms part of the Principal Act, makes it explicitly clear that all cases pending before any Tribunal or Competent Authority under Sections 79A, 79B, and 79C of the Karnataka Land Reforms Act, as they existed prior to the amendment, stand omitted. This means that any order passed under these provisions, including the order of respondent No.2 – Assistant Commissioner, is rendered without effect and holds no legal consequence. Since the law itself has removed the very foundation on which such cases were initiated, any further pendency of proceedings before the Karnataka Appellate Tribunal serves no legal purpose and is in direct contravention of the amended statutory framework. 6. In view of the explicit legislative changes introduced by the Karnataka Land Reforms Amendment Act, 2020, the order of respondent No.2 – Assistant Commissioner, which nullified the sale deed obtained by - 5 - NC: 2025:KHC:5174 WP No. 25880 of 2024 the petitioners, no longer holds any legal force. Consequently, the appeal preferred by the petitioners before the Karnataka Appellate Tribunal, registered as A.No.1124/2018, has effectively become infructuous and ought to be disposed of at the earliest. Despite this legal position, the appeal continues to remain pending, causing unnecessary procedural delays and undue hardship to the petitioners. The Tribunal, being a quasi-judicial authority, is duty-bound to take cognizance of the statutory amendments and act in accordance with the law as it stands today. 7. Given that the appeal remains pending before the Karnataka Appellate Tribunal, this Court refrains from issuing any independent orders on the merits of the case, as the matter is presently within the domain of the Tribunal. However, it is imperative for the Karnataka Appellate Tribunal to acknowledge the legal effect of the Karnataka Land Reforms Amendment Act, 2020, which unambiguously stipulates that all proceedings under - 6 - NC: 2025:KHC:5174 WP No. 25880 of 2024 Sections 79A and 79B, including orders passed by the Assistant Commissioner, stand abated. The Tribunal cannot overlook this fundamental statutory change and must expeditiously act upon the legal position now governing the matter. 8. In light of the above, the petitioners are at liberty to approach the Karnataka Appellate Tribunal by filing an appropriate application seeking an expeditious disposal of the appeal. Should such an application be filed, the Karnataka Appellate Tribunal is expected to take due notice of the legislative changes and the observations made by this Court in the present order. The Tribunal shall ensure that necessary orders are passed in strict adherence to the Karnataka Land Reforms Amendment Act, 2020, and in keeping with the principles of justice and efficiency. Further, this Court directs that the Karnataka Appellate Tribunal must take immediate steps to dispose of the pending appeal within a period of six weeks from the date of receipt of a copy of this order, thereby giving - 7 - NC: 2025:KHC:5174 WP No. 25880 of 2024 full effect to the statutory mandate. Any failure on the part of the Tribunal to act in accordance with the amended law would amount to an abdication of its judicial responsibility and may result in further legal consequences. With these above observations, the writ petition stands disposed off reserving liberty to the petitioners to move before the Karnataka Appellate Tribunal. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 7