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2025 DAILYLAW 16671 (KAR)

SRI PUTTARAJU v. GOVERNMENT OF KARNATAKA

WP/5091/2025 · 2025-04-02

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:13878 WP No. 5091 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 5091 OF 2025 (LR-) BETWEEN: 1. SRI PUTTARAJU SON OF LATE ERAPPA AGED ABOUT 56 YEARS RESIDING AT CHIKKAJEJJARU VILLGE HANAGODU HOBLI HUNSURU TALUK MYSURU DISTRICT PIN CODE 571105 …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING, BANGALORE 560001. 2. THE ASSISTANT COMMISSIONER HUNSUR SUB DIVISION HUNSUR TALUK, MYSURU DISRICT PINCODE 571105. 3. THE TAHSILDAR HUNSUR TALUK MYSORE DISTRICT PINCODE 571105 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRYING TO QUASHING THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13878 WP No. 5091 of 2025 IMPUGNED ORDER DATED 27.07.2016, PASSED BY THE 2ND RESPONDENT, IN L.R.F.163/2013-14 AS PER ANNEXURE-C, 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 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:13878 WP No. 5091 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 allowed. 6. In view of the disposal of the petition, all pending interlocutory application, if any, stand disposed of. PKS List No.: 1 Sl No.: 100 Sd/- (N S SANJAY GOWDA) JUDGE