Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 25242 (KAR)

MR THUMPUDI SRIKANTH BHAGAVAT v. The Assistant Commissioner

WP/15148/2024 · 2025-04-03

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14300 WP No. 15148 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 15148 OF 2024 (LR) BETWEEN: 1. MR. THUMPUDI SRIKANTH BHAGAVAT S/O MR.T.K.K.BHAGAVAT, AGED ABOUT 55 YEARS, RESIDING AT NO.4072, PADMA, 30TH CROSS, BANASHANKARI II STAGE, BENGALURU-560 070. …PETITIONER (BY SRI. SANCHAN JAI NANDAN.,ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA, BENGALURU RURAL DISTRICT-561 203. 2. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001. 3. TAHSILDAR HOSKOTE TALUK, BENGALURU RURAL DISTRICT PIN CODE - 562 114 …RESPONDENTS (BY SMT.CHANDINI S.,HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER NO. L.R.F.SR(HO)98/2013-14 DTD 31.10.2013 PASSED BY THE R-1 PRODUCED AT ANNEXURE-A AND DIRECT THE R-1 TO INCLUDE THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14300 WP No. 15148 of 2024 NAME OF PETITIONER IN LAND RECORD ENTRIES FOR SY NO. 27/1 MEASURING 1 ACRE 05 GUNTAS AT KODIHALLI VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT. 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 & B of the Land Reforms Act ("the Act", for short) is challenged in this petition. 2. The petitioner has produced 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 due to unavailability of the Presiding Officer and ultimately, the order was passed stating that Sections 79A & B of the Act were contravened which required an order of vesting to be passed. It is - 3 - NC: 2025:KHC:14300 WP No. 15148 of 2024 therefore clear that the impugned order was passed in gross violation of principles of natural justice. 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 disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 97