Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14249 WP No. 22173 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 22173 OF 2024 (LR) BETWEEN:
1.
SMT. C.R.ANANDI W/O LATE P.S RAMANI AGED ABOUT 70 YEARS,
2.
SRI KOUSHIK PAINGANADU RAMANE S/O LATE P.S. RAMANI AGED ABOUT 46 YEARS
BOTH ARE RESIDING AT NO. 971/13 GROUND FLOOR, 15TH A CROSS, 80 FEET ROAD, YELAHANKA, OPP. S.B.I.BANK, YELAHANKA NEW TOWN, BENGALURU - 560064.
3.
SRI P R NARAYANASWAMY S/O LATE P.S RAMANI AGED ABOUT 40 YEARS RESIDING AT VILLA NO.4, POCKET -1, AWHO PART-A VIDYANAGAR CROSS, BETTAHASURU, BENGALURU - 562157.
4.
SRI P R RAMESH C/O RAMYA JANAKIRAMAN AGED ABOUT 43 YEARS, RESIDING AT NO. 281 FIRST FLOOR, BEML LAYOUT NEXT TO JAWAHAR HAVODAYA VIDYALAYA BAGALUR, GUMMANAHALLI, BENGALURU RURAL - 562149
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14249 WP No. 22173 of 2024
ALL THE PETITIONERS 1 TO 4 ARE REPRESENTED THEIR GPA HOLDER SRI N NAVEEN KUMAR SHET, S/O V NAGARAJ SHET, AGED ABOUT 40 YEARS, RESIDING AT NO. 6/60 1ST MAIN, 1ST CROSS, NEAR OMSHAKTHI TEMPLE, KATHRIGUPPE, BALAJINAGAR BSK 3RD STAGE, BENGALURU 560085 …PETITIONERS (BY SRI. N.R.NAIK., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560001
2.
THE ASSISTANT COMMISSIONER CHITHRADURGA SUB DIVISION, CHITHRADURGA
3.
THE TAHSILDAR HIRIYURU TALUK, CHITHRADURGA DISTRICT. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
ORDER PASSED BY THE R-2 IN ON 25.09.2009 VIDE NO.
LRM,79(A) CR 98/2008-09 WHICH IS PRODUCED AT ANNX-E, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:14249 WP No. 22173 of 2024
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 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 and 79B of the Act were omitted by virtue of an amendment to the Land Reforms Act, no
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NC: 2025:KHC:14249 WP No. 22173 of 2024
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 petitioners in the revenue record.
5. The writ petition is accordingly allowed.
6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
RK List No.: 2 Sl No.: 4