Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16701 WP No. 22287 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 22287 OF 2024 (LR) BETWEEN:
1.
SRI. R PRAKASH S/O LATE T M RANGEGOWDA AGED ABOUT 53 YEARS, R/AT NO 339, 1ST MAIN 1ST CROSS, RANGANATHAPURA, KAMAKSHIPALYA, BENGALURU - 560079.
2.
SMT R PRABHA W/O DR GIRISH D/O LATE T M RANGEGOWDA AGED ABOUT 51 YEARS, R/AT NO 24, 1ST MAIN ROAD RANGANATHAPURA, MAGADI MAIN ROAD BENGALURU - 560079
3.
SRI CHANDRAMOHAN R S/O LATE T M RANGEGOWDA AGED ABOUT 47 YEARS, R/AT NO 24, 1ST MAIN ROAD RANGANATHAPURA, MAGADIMAIN ROAD BENGALURU - 560079
4.
SMT RAJESHWARI W/O SRI TULUSI RAM SINCE DECEASED DURING THE PENDENCY OF THE APPEAL HENCE THE REP BY ITS LEGAL HEIRS
BRIJESH B T GOWDA S/O TULSI RAM AGED ABOUT 29 YEARS
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:16701 WP No. 22287 of 2024
R/AT NO 31, 17TH E MAIN 5TH BLOCK, NEAR MADDURAMMA TEMPLE JEDARAHALLI BENGALURU - 560010
5.
KUM B T NIDHIGOWDA D/O TULUSI RAM AGED ABOUT 15 YEARS MINOR IN AGE REP BY ITS NATURAL GUARDIAN SRI THOLASI RAM B T R/AT NO 31, 17TH E MAIN 5TH BLOCK, NEAR MADDURAMMA TEMPLE JEDARAHALLI BENGALURU - 560010 …PETITIONERS (BY SRI. ABHISHEK K., ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560001 REP BY ITS PRINCIPAL SECRETARY
2.
THE ASSISTANT COMMISSIONER RAMANAGARA SUB DIVISION RAMANAGARA - 571511
3.
THE TAHASILDAR MAGADI TALUK RAMANAGARA - 560093 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, QUASH THE JUDGEMENT DTD 6.05.2024 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN REVENUE APPEAL NO. 307/2022 VIDE ANNX-P AND CONSEQUENTLY QUASH THE ORDER DTD
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NC: 2025:KHC:16701 WP No. 22287 of 2024
12.02.2020 PASSED BY THE R-2 IN NO. LRF 79(A) AND (B) 47/2019-20 AS PER ANNX-J, ETC.
THIS PETITION, COMING ON FOR ORDERS, 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 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 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 petitioners.
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NC: 2025:KHC:16701 WP No. 22287 of 2024
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 petitioners in the revenue record.
5. The writ petition is accordingly allowed.
6. In view of the disposal of the petition, pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
GSR List No.: 1 Sl No.: 2