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2025 DAILYLAW 24292 (KAR)

SRI V D RAMU v. THE STATE OF KARNATAKA

WP/12006/2025 · 2025-04-25

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:17026 WP No. 12006 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.12006 OF 2025 (LR) BETWEEN: SRI. V.D. RAMU S/O LATE DODDAIAH AGED ABOUT 54 YEARS R/O NO.40, "VEERABHADRESHWARA NILAYA" MUNESHWARA BLOCK, KOTHENUR MAIN ROAD NEAR TCH COLLEGE, ANJANAPURA BENGALURU 560 062. …PETITIONER (BY SRI. RAJENDRA S, ADV.,) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF REVENUE M.S BUILDING, BENGALURU 560001. 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION BENGALURU-560 001. 3. THE TAHASILDAR BENGALURU SOUTH TALUK BENGALURU URBAN DISTRICT-560 001. …RESPONDENTS (BY SMT. CHANDINI S, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE ORDER Digitally signed by RUPA V Location: High Court of karnataka - 2 - NC: 2025:KHC:17026 WP No. 12006 of 2025 DTD 19.12.2018 PASSED BY THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB-DIVISION, BENGALURU IN CASE NO. LRF.83(KEN)/26/14-15 PRODUCED AS ANNX-D TO THE WRIT PETITION & 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. Learned High Court Government Pleader accepts notice for the respondents. 2. 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. 3. 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 - 3 - NC: 2025:KHC:17026 WP No. 12006 of 2025 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 & 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. 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 the disposal of the petition, pending interlocutory applications, if any, stand disposed of. Sd/- (N.S. SANJAY GOWDA) JUDGE BSR/List No.: 1 Sl No.: 28