Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14471 WP No. 9936 of 2024
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. 9936 OF 2024 (LR)
BETWEEN:
TAHSEEN SIDDQI W/O AIYAZ AHMED SIDDIQI, AGED ABOUT 48 YEARS, RESIDING AT NO.2, BADAMAKAN BEHIND ITI, LASHKAR MOHALLA, MYSURU 571 010. ...PETITIONER (BY SRI. KARUMBAIAH T.A., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING, DR. B. R. AMBEDKAR ROAD, BANGALORE - 560 001.
BY THE SECRETARY.
2.
THE ASSISTANT COMMISSIONER MYSURU SUB - DIVISION, MYSURU 571 002.
3.
THE TAHSILDAR MYSURU TALUK MYSURU 571 001. ...RESPONDENTS
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14471 WP No. 9936 of 2024
(BY SMT. CHANDINI S., HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNX-D THE
ORDER DTD. 05.12.2012 PASSED BY THE R-2 IN PROCEEDINGS NO.LRF 79(A) AND (B) 351/2011-12 AND TO DROP THE SAID PROCEEDINGS AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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.
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
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NC: 2025:KHC:14471 WP No. 9936 of 2024
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. 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 petitioner in the revenue record.
5. The writ petition is accordingly disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
PKS List No.: 2 Sl No.: 0