Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 18889 (KAR)

SMT. RATHNAMMA v. STATE OF KARNATAKA

WP/7613/2024 · 2025-04-07

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14827 WP No. 7613 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 7613 OF 2024 (LR) BETWEEN: 1. SMT. RATHNAMMA W/O PAPANNA, AGED ABOUT 52 YEARS, RESIDENT AT NO 252, WARD NO 5, OPPOSITE TO FOREST TIMBER DEPOT, GAALIPURA, CHAMARAJANAGAR 571313 …PETITIONER (BY SRI. VIVEKANANDA. N., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, MS BUILDING, AMBEDKAR ROAD, BENGALURU 560001 2. THE ASSISTANT COMMISSIONER KOLLEGALA SUB DIVISION, KOLLEGALA 571440 3. THE TAHSILDAR CHAMARAJANAGAR TALUK, CHAMARAJANAGAR 571313 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER DTD 18.12.2018 PASSED BY THE ASSISTANT COMMISSIONER, KOLLEGALA SUB-DIVISION, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14827 WP No. 7613 of 2024 KOLLEGALA (R2) IN LRF(79a-79b)CR 476/2015-16, PRODUCED AS ANNEXURE-A, ETC. 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 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:14827 WP No. 7613 of 2024 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.: 2 Sl No.: 2