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2025 DAILYLAW 17136 (KAR)

SRI.DILSHAD @ DILSHAD BEGUM v. THE ASST COMMISSIONER

WP/4928/2022 · 2025-03-28

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:14462 WP No. 4928 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4928 OF 2022 (LR) BETWEEN: SRI. DILSHAD @ DILSHAD BEGUM W/O SHAPHI ULLA, AGED ABOUT 38 YEARS, R/AT NO.24, 16TH CROSS, MACCA MASJID ROAD, DEVASANDRA, BENGALURU NORTH TALUK, BENGALURU-560 036. ...PETITIONER (BY SRI. RAGHAVENDRA K., ADVOCATE) AND: 1. THE ASST. COMMISSIONER CHIKKABALLAPURA SUB-DIVISION, CHIKKABALLAPURA DISTRICT - 562 101. 2. THE TAHSILDAR CHIKKABALLAPUR DIVISION, CHIKKABALLAPUR DISTRICT - 560 101. ...RESPONDENTS (BY SMT. CHANDINI S., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE OFFICE OF THE R-1 IN Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14462 WP No. 4928 of 2022 RESPECT OF THE PROCEEDINGS IN LRF:79AB:CR:126/2012-13 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:14462 WP No. 4928 of 2022 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.: 2 Sl No.: 0