Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17459 WP No. 12323 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 12323 OF 2025 (LR) BETWEEN:
1. SRI. MALLAPPA S/O KADAMANCHAIAH AGED ABOUT 65 YEARS R/AT HOUSE NO.738, ANTHONY CONVENT ROAD, HINKAL MYSURU-570017 (THE PETITIONER IS NOT CLAIMED BENEFIT OF SENIOR CITIENSHIP) …PETITIONER (BY SRI. R.D.RENUKARADHYA., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTEMNT, M S BUILDING, DR AMBEDKAR VEEDHI BENGALURU-560001
2. ASSISTANT COMMISSIONER PANDAVAPURA SUB DIVISION PANDAVAPURA MANDYA DISTRICT-571434
3. THE THAHSILDAR SRIRANGANAPTNA MANDYA DISTRICT-571438 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA)
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:17459 WP No. 12323 of 2025
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD NIL.12.2024 IN NO. BHUSU/PARI/(SHREE)/161/2009-10 ISSUED BY THE R-2, VIDE ANNX-H, AS THE SAME IS ILLEGAL AND VOID-AB-INITIO, 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 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 endorsement on the ground that the petitioner has not produced any relevant documents despite service of notice. In essence, the impugned endorsement passed was without hearing or without considering the claims of the purchaser. Since the endorsement would take away the rights of the ownership of land in question, the appropriate course
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NC: 2025:KHC:17459 WP No. 12323 of 2025
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 allowed. 6.
In view of the disposal of the petition, pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR, List No.: 1 Sl No.: 46