Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15395 WP No. 12833 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 12833 OF 2023 (LR) BETWEEN:
1.
SRI MADHUSUDHAN S/O RANGEGOWDA AGED ABOUT 41 YEARS R/AT BALAGHATTA VILLAGE, BHAGURU HOBLI, CHANARAYAPATNA TALUK, HASSAN DISTRICT - 573111 …PETITIONER (BY SRI. R.ANIL KUMAR., ADVOCATE)
AND:
1.
STATE OF KARANATAKA REVENUE DEPARTMENT K.R.CIRCLE, AMBEDKAR VEEDHI., BANGALORE-560001 REP. BY ITS SECRETARY.
2.
THE ASSITANT COMMISSIONER HASSAN SUB DIVISION HASSAN TALUK HASSAAN DISTRICT-573201
3. TAHSILDAR HASAAN TALUK HASSANA - 573201
4.
SMT. PAVITHRA W/O NAGESH, AGED ABOUT 34 YEARS REPRESENTED BY HER HUSBAND/GPA HOLDER
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:15395 WP No. 12833 of 2023
SRI.NAGESH S/O PUTTASWAMYGOWDA AGED ABOUT 4 YEARS DASARA KOPPALU VILLAGE, HARALAHALLI DHAKALE KASABA HOBLI HASSAN TALUK AND DISTRICT-573201 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORD IN CASE NO. LRF 79(A) AND 79(B) 132/15-16 DT. 31.07.2017 ON THE FILE OF THE ASSISTANT COMMISSIONER, HASSAN SUB DIVISION HASSAN, HEAR THE PARTIES AND PASS THE FOLLOWING ORDERS AND QUASH THE ORDER IN LRF 79(A) AND 79(B) 132/15-16 DT. 31.07.2017 PASSED BY THE ASSISTANT COMMISSIONER, HASSAN SUB DIVISION HASSAN, AS PER VIDE ANNX-C.
THIS PETITION, COMING ON FOR ORDERS, 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 Assistant Commissioner proceeded to pass the impugned order on the ground that the petitioner has not produced any relevant documents despite service
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NC: 2025:KHC:15395 WP No. 12833 of 2023
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. 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.
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.
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NC: 2025:KHC:15395 WP No. 12833 of 2023
6. In view of the disposal of the petition, pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
RK List No.: 2 Sl No.: 4