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2025 DAILYLAW 23255 (KAR)

SRI S M RANGANATH v. STATE OF KARNATAKA

WP/11395/2025 · 2025-04-17

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:15865 WP No. 11395 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11395 OF 2025 (LR) BETWEEN: 1. SRI S M RANGANATH S/O. LATE MANJAIAH, AGED ABOUT 75 YEARS, R/AT NO.652, SHARADA KASHIPATI AGRAHARA, K.R. MOHALLA, MYSORE-570001 (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. SAMPATH A., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU-560 001. 2. ASSISTANT COMMISSIONER MYSORE SUB-DIVISION, MYSORE-570 001. 3. TAHSILDAR MYSORE THALUK, MYSORE. 570 001 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15865 WP No. 11395 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ODER DTD 23.11.2016 PASSED IN LR.F/79(A) AND (b) 135/2013-14 BY THE R2 ASSISTANT COMMISSIONER VIDE 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 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. In fact, the entire order sheet maintained basically indicates that the proceedings were being adjourned without providing an 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 - 3 - NC: 2025:KHC:15865 WP No. 11395 of 2025 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. 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. - 4 - NC: 2025:KHC:15865 WP No. 11395 of 2025 7. In view of the disposal of the petition, pending applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 20