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2025 DAILYLAW 27757 (KAR)

SRI. NARENDRA v. THE DEPUTY COMMISSIONER

WP/17137/2024 · 2025-03-28

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:14474 WP No. 17137 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 17137 OF 2024 (LR) BETWEEN: 1. SRI. NARENDRA S/O LATE C.N. LAKSHMI NARASIMHAIAH, AGED ABOUT 62 YEAR, R/AT NO.746/25, HANUMANTHANAGAR, 1ST STAGE, BANASHANKARI, 1ST BLOCK, BENGALURU - 560 019. NOW R/AT NO.736/732, 4TH MAIN ROAD, RAGHAVENDRA BLOCK, SRINAGAR, BENGALURU - 560 050. 2. THE JUDICIAL DEPARTMENT MULTI-PURPOSE CO-OPERATIVE SOCIETY LTD., HAVING ITS OFFICE AT HIGH COURT BUILDING BENGALURU - 560 001. REP. BY ITS PRESIDENT SRI. PRAKASH T. S/O THIMMEGOWDA, AGED ABOUT 46 YEARS, REGISTRED UNDER THE CO-OPERATIVE SOCIETY ACT. ...PETITIONERS (BY SRI. ROOPESHA B., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BENGALURU, K G ROAD, NEAR DISTRICT REGISTRAR, OFFICE AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14474 WP No. 17137 of 2024 BENGALURU - 560 009. 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVANA, BENGALURU - 560 009. 3. THE TAHSILDAR BENGALURU SOUTH TALUK, KANDAYA BHAVANA, BENGALURU - 560 009. ...RESPONDENTS (BY SMT. CHANDINI S., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN NO.LRF(83)(KEN).5/14-15 VIDE ANNX-J AND NO. LRF(83)(KEN).6/14-15 VIDE ANNX-K AND NO. LRF(83)(KEN).11/14-15 VIDE ANNX-L FROM THE FILE OF THE R-2. THIS PETITION, COMING ON FOR FINAL 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 & B - 3 - NC: 2025:KHC:14474 WP No. 17137 of 2024 of the Land Reforms Act ("the Act", for short) is challenged in this petition. 2. The Assistant Commissioner proceeded to pass the impugned order on the ground that the petitioners have 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 purchasers. 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 petitioners. 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 - NC: 2025:KHC:14474 WP No. 17137 of 2024 4. In view of the above, the revenue authorities to restore the name of the petitioners in the revenue record. 5. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 0