VISHWANADHA RAJU @ VISHWANATHA vs. THE ASST COMMISSIONER AND

: 1 : IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 02ND DAY OF JANUARY, 2013 BEFORE THE HON’BLE MR.JUSTICE SUBHASH B. ADI WRIT PETITION NO.19836/2012 (LR-RES) BETWEEN VISHWANADHA RAJU @ VISHWANATHA S/O. LATE VENKATAPATHY RAJU GOTTUMUKKALA @ GOTAMUKKALU, AGE:60 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O. NO.604/b, ROAD NO.32, JUBILEE HILLS, HYDERABAD-33. ANDHRA PRADESH, NOW RESIDING AT KODBAL VILLAGE HAVERI TALUK AND DISTRICT-581110 ..... PETITIONER (BY SRI AMIT DESPHANDE, ADV.-ABSENT) AND 1. THE ASST COMMISSIONER AND PRESCRIBED AUTHORITY, HAVERI SUB DIVISION, HAVERI-581110 2. THE TAHSILDAR, HAVERI TALUK,

: 2 : HAVERI-581110. ..... RESPONDENTS (BY SRI. Y.V. RAVIRAJ, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26.09.2011 PASSED BY THE FIRST RESPONDENT VIDE ANNEXURE-K AND THE ORDER DATED 20.04.2012 PASSED BY THE HON’BLE KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.303/2012 (LAND REFORMS) VIDE ANNEXURE-L. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER None appears for the petitioner. Petitioner has called in question the order dated 26.09.2011 passed by the Assistant Commissioner, Haveri confirmed by the Appellate Tribunal in Appeal No. 303/2012 dated 20.04.2012. 2. The sale transaction of an agricultural land purchased by the petitioner was called in question before the Assistant Commissioner under Section 79(A) of the

: 3 : Karnataka Land Reforms Act, 1961, on the ground that the income of the petitioner is more than Rs.2 lakhs. Petitioner is barred from purchase of agricultural land in view of the provision of Section 79(A) of the Karnataka Land Reforms Act. 3. The Assistant Commissioner relied on the Income Tax Returns filed by the petitioner himself for the year 2005- 2006 to 2009-2010 and for the relevant year i.e. 2009-2010 the income of the petitioner was more than Rs.2 lakhs. Section 79(A) prohibits the purchase of an agricultural land by a person who is having the income of more than Rs.2 lakhs. Moreover, the Income Tax Returns produced by the petitioner are not in dispute. In view of the same, both the Assistant Commissioner as well as Appellate Tribunal have concurrently held that the sale transaction is void in terms of the Section 79(A) of the Karnataka Land Reforms Act. I do not find there is any error in the order passed by the Appellate Tribunal. In view of the same, the petition is dismissed.

: 4 : 4. However, any remedy available in law, it is open to the petitioner to avail the same. Sd/- JUDGE Naa