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2025 DAILYLAW 18026 (KAR)

MUDDULURI SUNITHA @ MUDDULURU SUNITHA v. STATE OF KARNATAKA

WP/5777/2025 · 2025-03-17

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:10995 WP No. 5777 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 5777 OF 2025 (LR) BETWEEN: 1. MUDDULURI SUNITHA @ MUDDULURU SUNITHA AGED ABOUT 52 YEARS, W/O MUDDULURU SANJEEVA RAJU, NO.12, DEFENCE COLONY, SAHAKARI NAGAR, BANGALORE RURAL DISTRICT-560092. 2. MRS. MUNAGAPATI SUNEETHA AGED ABOUT 45 YEARS, W/O LATE MUNAGAPATI VENKATASUBBARAJU 3. MR. MUNAGAPATI HARSHAVARDHAN, AGED ABOUT 24 YEARS, D/O LATE MUNAGAPATI VENKATASUBBARAJU 4. MASTER MUNAGAPATI KOUSHIK, AGED 16 YEARS, S/O LATE LATE MUNAGAPATI VENKATASUBBARAJU No.4 IS MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN, PETITIONER No.2 SMT. MUNAGAPATI SUNEETHA., ALL ARE R/AT No.5-06, MANGUPALLE, ANANATHASAGARAM-524302. …PETITIONERS (BY SRI. MOHANA CHANDRA P., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED REVENUE DEPARTMENT, M.S. BUILDING, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10995 WP No. 5777 of 2025 BANGALORE 560001 REPRESENTED BY ITS SECRETARY 2. THE ASSISTANT COMMISSIONER, CHIKKABALLAPURA SUB-DIVISION, CHIKKABALLAPURA -562101 3. THE TASHILDAR, TALUK OFFICE, BAGEPALLI TALUK -561207 …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER DATED 25-07-2015 PASSED BY RESPONDENT NO.2 IN ITS PROCEEDING NO. LRF- 79AB-CR- 279/2007-08 FORFEITING THE LAND BEARING SY. NO. 10/P15 MEASURING 3.00 ACRES IN FAVOUR OF THE GOVERNMENT AND CONSEQUENTLY DIRECTED TO TAKE THE POSSESSION OF THE LAND IN FAVOUR OF THE GOVERNMENT VIDE ANNEXURE-D, CONSEQUENTLY MUTATING KHATA IN THE NAME OF GOVERNMENT VIDE ANNEXURE -F, BY ALLOWING 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. Learned Additional Government Advocate accepts notice for the respondents. 2. This petition is filed challenging the order passed by the Assistant Commissioner on the premise that the - 3 - NC: 2025:KHC:10995 WP No. 5777 of 2025 petitioners had purchased the agricultural land in contravention of Section 79A of the Land Reforms Act ("the Act", for short). 3. It is the case of the petitioners that they had absolutely no notice of the proceedings and without hearing them, the impugned order has been passed. 4. The petitioners have produced the order sheet maintained by the Assistant Commissioner as Annexure-C. A perusal of said order sheet would indicate that there was no mention of notices being ordered or that notices were in fact served on the petitioners. In fact the entire order sheet maintained basically indicates that the proceedings were being adjourned due to unavailability of the Presiding Officer and ultimately, on 25.07.2015 i.e., nearly seven years after the proceedings were initiated, the order was passed stating that Sections 79A & B of the Act were contravened which required an order of resting to be passed. It is therefore clear that the - 4 - NC: 2025:KHC:10995 WP No. 5777 of 2025 impugned order was passed in gross violation of principles of natural justice. 5. In the normal course the matter would have to be remanded to the Assistant Commissioner. However, 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. 6. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 41