Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13877 WP No. 17372 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 17372 OF 2024 (LR) BETWEEN:
1.
SRI T R CHANRAIAH S/O T M RANGAPPA AGED ABOUT 53 YEARS R/AT THAGGI KUPPE VILLAGE KASABA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT 562120 …PETITIONER (BY SRI. SHIVAKUMAR N., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDING, BENGALURU 560001 REP BY ITS PRINCIPAL SECRETARY
2.
THE ASSISTANT COMMISSIONER HASSAN SUB DIVISION HASSAN 573201
3.
THE TAHASIDLAR HASSAN TALUK HASSAN DISTRICT 573201 …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 PASSED BY THE R2 IN CASE NO.LRF 79(A)(B)09/14.15 DTD 24.10.2017 VIDE ANNX-A, ETC.
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13877 WP No. 17372 of 2024
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 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
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NC: 2025:KHC:13877 WP No. 17372 of 2024
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, all pending interlocutory application, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
PKS List No.: 1 Sl No.: 89