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2025 DAILYLAW 17515 (KAR)

SRI.T.UVARAJ v. THE DEPUTY COMMISSIONER

WP/6335/2025 · 2025-04-01

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:13602 WP No. 6335 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6335 OF 2025 (LR-RES) BETWEEN: 1. SRI.T.UVARAJ S/O. THOMAS.R AGED ABOUT 66 YEARS R/O. NO.648, PINNANANGALA 105 RAMYA RESIDENCE, 1ST STAGE INDIRA NAGARA, BENGALURU-560 038 …PETITIONER (BY SRI. HARISH N.R., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA-571 313 2. THE ASSISTANT COMMISSIONER KOLLEGALA SUB-DIVISION, KOLLEGALA-571 440 3. THE THASILDAR YALANDUR TALUK YALANDUR-571 441 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.2 BEARING NO.LRF19/2006-07 DATED 11.09.2008 PRODUCED AS ANNEXURE-H TO THE WRIT PETITION AND CONSEQUENTLY QUASH THE LETTER DATED 19.09.2020 FORWARDED BY THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13602 WP No. 6335 of 2025 RESPONDENT NO.2 TO THE RESPONDENT NO.3, PRODUCED AS ANNEXURE-J TO THE WRIT PETITION, ETC. THIS PETITION, COMING ON FOR ORDERS, 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 Sections 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:13602 WP No. 6335 of 2025 3. In the normal course, the matter would have to be remanded to the Assistant Commissioner, since Sections 79A and 79B 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 applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 55