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2025 DAILYLAW 16424 (KAR)

N MANJUNATHA v. STATE OF KARNATAKA

WP/4643/2025 · 2025-04-04

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:14440 WP No. 4643 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4643 OF 2025 (LR) BETWEEN: 1. N MANJUNATHA S/O R NARAYANAPPA AGED ABOUT 56 YEARS 2. SRI CHUNCHENDRAKUMAR SO R NARAYANAPPA AGED ABOUT 50 YEARS. BOTH ARE RESIDENT OF NO-60, N. S. MANSION, 1ST CROSS, 19TH MAIN, MUNESHWARA BLOCK, GAJENDRANAGARA , BENGALURU- 26 …PETITIONERS (BY SRI. N. RAMAKRISHNA., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-01. 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION, BENGALURU PIN-583 131. 3. THE TAHASILDAR, ANEKAL TALUK, BENGALURU URBAN DISTRICT. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14440 WP No. 4643 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-2 IN LRF(83)AK/14/2011-12 DTD. 10.06.2015 PRODUCED AT ANNX-E AND DIRECT THE R-3 TO RESTORE REVENUE ENTRIES/ KHATA AS PER ANNX-D IN SO FAR AS PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. Proceedings were initiated against the petitioners for alleged violation of Section 79A and B of the Karnataka Land Reforms Act by the Assistant Commissioner in the year 2011-12 in LRF (83)A/07/2011-12. 2. The Assistant Commissioner, after notifying the petitioners however proceeded to drop the proceedings on the ground that there is no violation of Section 79A and B, a copy of the said order is produced as Annexure - C. 3. However, thereafter, the Assistant Commissioner has proceeded to pass another order in LRF (83)(AK) 14/2011-12 holding that the purchase made by the - 3 - NC: 2025:KHC:14440 WP No. 4643 of 2025 petitioners was in contravention of Section 79A and B, and ordered the forfeiture of the land in favor of the State. 4. Since the Assistant Commissioner had already dropped the proceedings that he had initiated by the order dated 20.10.2011, it is obvious that the second proceedings for the same violation would be impermissible. Consequently, Annexure - E shall stand quashed. 5. If any revenue entries are made pursuant to the impugned order, the same shall be restored in favour of the petitioners. 6. This petition is accordingly allowed. 7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE GSR,List No.: 1 Sl No.: 22