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2025 DAILYLAW 16859 (KAR)

AJAY KUMAR AGGARWAL v. THE ASSISTANT COMMISSIONER

WP/5295/2025 · 2025-04-22

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:16699 WP No. 5295 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 5295 OF 2025 (LR) BETWEEN: 1. AJAY KUMAR AGGARWAL S/O H K AGARWAL AGED ABOUT 55 YEARS, R/AT NO. 776, HARIPUSHP BUILDING, 15TH MAIN, 2ND STAGE, J P NAGAR, 1ST PHASE, BENGALURU - 560078 …PETITIONER (BY SRI. AKASH V T., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER MANDYA SUB-DIVISION, MANDYA – 571401 2. TAHSILDAR MADDUR TALUK, MANDYA DISTRICT - 571401 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASHING THE ORDER DATED 09-10-2012 PASSED BY RESPONDENT NO.1 LRF-311/2011-12 IN RESPECT OF THE LANDS IN SY NO. 143/1, MEASURING TO AN EXTENT OF 2 ACRES 20 GUNTAS AND SY NO. 55/2B, MEASURING 10 GUNTAS, SITUATED IN MADAPURADA DODDI VILLAGE, AATHAGURU HOBLI, MADDUR INTALUK, MANDYA DISTRICT, VIDE ANNEXURE-H, ETC. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16699 WP No. 5295 of 2025 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. 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. 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 - 3 - NC: 2025:KHC:16699 WP No. 5295 of 2025 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, pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 14