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2025 DAILYLAW 22912 (KAR)

SMT SHARVANI NANDAN v. STATE OF KARNATAKA

WP/13012/2024 · 2025-04-04

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:14450 WP No. 13012 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 13012 OF 2024 (LR) BETWEEN: 1. SMT SHARVANI NANDAN W/O R RAGHU NANDAN AGED ABOUT 45 YEARS NO 855, NANDAN VIDYAMANYA NAGAR, ANDRAHALLI VISHWANEEDAM POST BENGALURU - 560091 …PETITIONER (BY SRI. GANAPATI S. SHASTRI., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY AMBEDKAR VEEDHI BENGALURU - 560001 2. ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION KANDAYA BHAVAN BENGALURU - 560009 3. TAHASILDAR BENGALURU NORTH TALUK BENGALURU - 560009 …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DTD 3.1.2013 PASSED BY THE R-2 IN PROCEEDINGS IN NO. LRF(1)77/10-11 (ANNX-C), ETC. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14450 WP No. 13012 of 2024 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 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:14450 WP No. 13012 of 2024 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 allowed. 6. In view of the disposal of the petition, pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 1