Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13872 WP No. 10059 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 10059 OF 2024 (LR) BETWEEN:
1. SHRI B C ANIL KUMAR S/O B V CHANDRAPPA, AGED ABOUT 42 YEARS, R/AT NO 1299, CHOWDESHWARI NILAYA, BRINDAVAN LAYOUT, KADUGODI, BENGALURU 560067 …PETITIONER (BY SRI. GIRI K., ADVOCATE)
AND:
1. DEPUTY COMMISSIONER RAMANAGARA DISTRICT, RAMANAGAR-562159. 2. ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION. DODDABALLAPURA-561203. 3. TAHSILDAR DEVANAHALLI TALUK, DEVANAHALLI-562110. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LRF .SR (DE) 301/2014-15, DATED 30/11/2018, AT ANNEXURE-A, ISSUED BY THE R2, FORFEITING THE LAND IN OLD SY. NO. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13872 WP No. 10059 of 2024
85/7 AND OLD SY. NO. 85/2, (NEW SY. NO. 85/9), SITUATED AT VENKATAGIRIKOTE VILLAGE, VIJAYPURA HOBLI, DEVANAHALLI TALUK, MEASURING TO AN EXTENT OF 0.25 GUNTAS, 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 Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 ("the Act", for short) is challenged in this petition. 2. The petitioner has produced a copy of the order sheet maintained by the Assistant Commissioner. A perusal of said order sheet would indicate that there was no mention that notice was in fact served on the petitioner. In fact, the entire order sheet maintained basically indicates that the proceedings were being adjourned without providing opportunity to the
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NC: 2025:KHC:13872 WP No. 10059 of 2024
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. 3. 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. 4.
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 -
NC: 2025:KHC:13872 WP No. 10059 of 2024
5. In view of the above, the revenue authorities to restore the name of the petitioner in the revenue record. 6. The writ petition is accordingly allowed. 7. In view of disposal of the petition, pending applications, if any, stand disposed of
Sd/- (N S SANJAY GOWDA) JUDGE
PKS List No.: 2 Sl No.: 3