Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14483 WP No. 7162 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. 7162 OF 2022 (LR)
BETWEEN:
SRI. A. S. NARAYANAGOWDA S/O LATE SUBBAIAH, SINCE DEAD BY HIS LRS,
1. SMT. JAYAMMA W/O A.S.NARAYANAGOWDA, AGED ABOUT 62 YEARS, R/AT KANCHIGANALA VILLAGE, THUBAGEREHOBLI, DODDABALLAPURA TALUK- 560 038. 2. SRI. A.N.SANTHOSHKUMAR S/O A.S. NARAYANAGOWDA AGED ABOUT 38 YEARS, R/AT ALLALASANDRA, G.K.V.K. POST, BENGALURU-560 064. ...PETITIONERS
(BY SRI. MITHUN G. A., ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT, M.S. BUILDING,
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14483 WP No. 7162 of 2022
DR. AMBEDKAR ROAD, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA - 560 036. 3. THE TAHSILDAR DODDABALLAPUR TALUK DODDABALLAPUR - 560 036. ...RESPONDENTS
(BY SMT. CHANDINI S., HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 31.08.2018 IN CASE NO.LRF:SR DO:192/2012-13 VIDE ANNEXURE-A PASSED BY THE 2ND RESPONDENT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY, 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. - 3 -
NC: 2025:KHC:14483 WP No. 7162 of 2022
2. The Assistant Commissioner proceeded to pass the impugned order on the ground that the petitioners have 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 purchasers. 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 petitioners. 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 petitioners in the revenue record. - 4 -
NC: 2025:KHC:14483 WP No. 7162 of 2022
5. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE
PKS List No.: 2 Sl No.: 0