Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14298 WP No. 4039 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4039 OF 2025 (LR) BETWEEN:
1. SRI. SUNIL KUMAR N S/O NAGARAJU, AGED ABOUT 38 YEARS, R/AT: NO.50, GROUND FLOOR, HAMSA RAJ, II AND III CROSS, RAJESHWARINAGAR, LAGGERE, BENGALURU-560 058. …PETITIONER (BY SRI. SANCHAN JAI NANDAN, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIKAS SOUDHA, DR. AMBEDKAR VEEDI, BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER, HASSAN SUB-DIVISION, HASSAN-573 201. 3. THE TEHSILDAR, HASSAN TALUK, HASSAN-573 201. …RESPONDENTS (BY SMT. SAVITHRAMMA.,AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON ORDER DATED 28/06/2018 IN LRF.79(A)AND79(B) 612 AND 613/15-16 PASSED BY THE 2ND RESPONDENT PRODUCED AT ANNEXURE-A AND CONSEQUENTLY DIRECT THE RESPONDENTS TO RESTORE THE SALE
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14298 WP No. 4039 of 2025
DEED DATED 28/09/2015 STORED IN BOOK NO.1 DOC NO. HSN-1- 05376-2015-16 IN C.D. NO. HSND274 BEFORE SUB-REGISTRARS OFFICE AT HASSAN WITH RESPECT TO SY.NO.38 HISSA NO.37 MEASURING 1 GUNTAS LAND SITUATED AT B.KATEEHALLI VILLAGE, KASABA HOBLI, HASSAN AND 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 Section 79A & B of the Land Reforms Act ("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:14298 WP No. 4039 of 2025
3.
In the normal course, the matter would have to be remanded to the Assistant Commissioner, since Sections 79A & B 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 disposed of. SD/- (N S SANJAY GOWDA) JUDGE
PKS List No.: 1 Sl No.: 100