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2025 DAILYLAW 28637 (KAR)

SRI NARAYANA v. THE STATE OF KARNATAKA

WP/18350/2024 · 2025-04-02

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:13874 WP No. 18350 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. 18350 OF 2024 (LR) BETWEEN: 1. SRI NARAYANA S/O. LATE SRI. PUTTASWAMY GOWDA, AGED ABOUT 59 YEARS, R/AT DODDAALAHALLI VILLAGE, UYYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562 117. …PETITIONER (BY SRI. R B SADASIVAPPA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, MS BUILDING, AMBEDKAR BEEDHI, BENGALURU - 560001. 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION, RAMANAGARA DISTRICT - 562159. 3. THE TAHSILDAR KANAKAPURA TALUK, KANAKAPURA - 562117. …RESPONDENTS (BY SMT. CHANDINI.S., HCGP FOR R-1 TO R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD. 30.11.2013 PASSED BY THE R-2 HEREIN IN CASE NO. LRF 79(a)(b) CR(R) 20/2011-12 VIDE ANNX-E, ETC. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13874 WP No. 18350 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 Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 ("the Act", for short) is challenged in this petition. 2. The petitioner has produced a copy of 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 13the proceedings were being adjourned without providing opportunity to the petitioner and ultimately, the order was passed stating that Sections 79A and 79B of the Act were contravened which required an order of vesting to be passed. It is therefore clear that the impugned - 3 - NC: 2025:KHC:13874 WP No. 18350 of 2024 order was passed in gross violation of principles of natural justice. 3. 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. 4. 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. 5. In view of the above, the revenue authorities to restore the name of the petitioner in the revenue record. 6. The writ petition is accordingly allowed. - 4 - NC: 2025:KHC:13874 WP No. 18350 of 2024 7. In view of disposal of the petition, pending applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 8