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2025 DAILYLAW 20985 (KAR)

SRI B N SRIDHAR v. THE ASSISTANT COMMISSIONER

WP/8990/2025 · 2025-04-25

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:17022 WP No. 8990 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE N.S. SANJAY GOWDA WRIT PETITION NO.8990 OF 2025 (LR) BETWEEN: SRI. B.N. SRIDHAR S/O M. NAGARAJU AGED ABOUT 43 YEARS, RESIDING AT NO.62/B 4TH CROSS, MAGADI MAIN ROAD KAMAKSHIPALYA, BENGALURU-560079. …PETITIONER (BY SRI. CHANDRA KUMAR R, ADV.,) AND: 1. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION RAMANAGARA-562159. 2. THE TAHSILDAR MAGADI TALUK MAGADI-562120. …RESPONDENTS (BY SMT. CHANDINI S, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DTD 19.12.2015 ONE PASSED BY THE R-1 IN CASE NO. LRF(79) A AND B 11/2013-14 WHICH IS FOUND AT ANNX-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 Digitally signed by RUPA V Location: High Court of karnataka - 2 - NC: 2025:KHC:17022 WP No. 8990 of 2025 ORAL ORDER 1. Learned High Court Government Pleader accepts notice for respondents. 2. 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. 3. The petitioner has produced a copy of the order sheet maintained by the Assistant Commissioner. In fact, the entire order sheet maintained basically indicates that the proceedings were being adjourned without providing opportunity to the petitioner and ultimately, the order was passed stating that Sections 79A and 79B of the Act were contravened which required an order of vesting to be passed. It is therefore clear that the impugned order was passed in gross violation of principles of natural justice. 4. Since the order of vesting would take away the rights of the ownership of land in question, the appropriate - 3 - NC: 2025:KHC:17022 WP No. 8990 of 2025 course would be to afford one more opportunity to the petitioner. 5. 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. 6. In view of the above, the revenue authorities to restore the name of the petitioner in the revenue record. 7. The writ petition is accordingly allowed. 8. In view of the disposal of the petition, pending applications, if any, stand disposed of. Sd/- (N.S. SANJAY GOWDA) JUDGE BSR List No.: 1 Sl No.: 14