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2025 DAILYLAW 14184 (KAR)

SMT JAVARAMMA v. THE STATE OF KARNATAKA

WP/2476/2025 · 2025-04-07

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:14833 WP No. 2476 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 2476 OF 2025 (LR) BETWEEN: 1. SMT JAVARAMMA W/O. CHIKKEEREGOWDA, AGED ABOUT 60 YEARS, R/ AT HOUSE NO.2793, 2ND CROSS, JAYANAGAR, MYSURU CITY-570 014. (THE PETITIONER IS NOT CLAIMED BENEIFT OF SENIOR CITIZENSHIP) …PETITIONER (BY SRI. RENUKARADHYA R D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE ASSISTANT COMMISSIONER, PANDAVAPURA SUB-DIVISION, PANDAVAPURA, MANDYA DISTRICT-571 434. 3. THE THAHSILDAR, SRIRANGAPATNA, MANDYA DISTRICT-571 438. …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14833 WP No. 2476 of 2025 ORDER DATED 30.07.2018 IN NO.BHUSU.PARI.(SREE)/119/2016-17 PASSED BY THE 2ND RESPONDENT, VIDE ANNEXURE-C, AS THE SAME IS ILLEGAL AND VOID-AB-INITIO, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. An order of vesting passed by the Assistant Commissioner for contravention of Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 ("the Act", for short) is challenged in this petition. 2. The Assistant Commissioner proceeded to pass the impugned order on the ground that the petitioner has not produced any relevant documents despite service of notice. In essence, the impugned order passed was without hearing or without considering the claims of the purchaser. Since the order of vesting would take away the rights of the ownership of land in question, the appropriate course would be to afford one more opportunity to the petitioner. - 3 - NC: 2025:KHC:14833 WP No. 2476 of 2025 3. In the normal course, the matter would have to be remanded to the Assistant Commissioner, since Sections 79A and 79B of the Act were omitted by virtue of an amendment to the Land Reforms Act, no useful purpose would be served by remanding the matter to the Assistant Commissioner and hence, the impugned proceedings initiated shall stand abated. 4. In view of the above, the revenue authorities to restore the name of the petitioner in the revenue record. 5. The writ petition is accordingly allowed. 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 2 Sl No.: 10