Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14451 WP No. 15509 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 15509 OF 2024 (LR) BETWEEN:
1. SRI. SHIVANNA T R S/O RANGE GOWDA, AGED ABOUT 49 YEARS TEJURU VILLAGE, KASABA HOBLI, HASSS TALUK HASSAN DISTRICT 573202 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI BALAKRISHNA S/O RANGE GOWDA AGED ABOUT 51 YEARS RESIDING AT TEJUR VILAGE, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT 573202 …PETITIONER (BY SRI. RAGHAVENDRA G GAYATRI., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M S BUILDINGS, BENGALURU 560001
2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN 573201
3. THE ASSISTANT COMMISSIONER HASSAN SUB DIVISION, HASSAN 573201
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14451 WP No. 15509 of 2024
4. THE TAHSILDAR HASSAN TALUK HASSAN 573201 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS RELATING TO ORDER DATED 26-09-2018 IN NO. LRF 79(A) AND (B) 78/16-17 VIDE ANNEXURE-A ON FILE OF THE 3RD RESPONDENT, ETC. 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 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:14451 WP No. 15509 of 2024
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 & 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. - 4 -
NC: 2025:KHC:14451 WP No. 15509 of 2024
6. In view of the disposal of the petition, pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE
PKS List No.: 2 Sl No.: 2