Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:13876 WP No. 22253 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. 22253 OF 2024 (LR) BETWEEN:
1.
SRI SIDDASHETTY S/O. LATE RANGASHETTY, AGE 65 YEARS, R/AT MOTHAHALLY VILLAGE, KOTTATHI HOBLI, MANDYA TALUK, MANDYA DISTRICT-571402. …PETITIONER (BY SRI. NAGARAJA R C., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU 560 001.
REPRESENTED BY ITS SECRETARY.
2.
THE ASSISTANT COMMISSIONER, KOLLEGALA SUB-DIVISION, CHAMARAJANAGAR DISTRICT-. PIN-571 440
3.
THE THASILDHAR CHAMARAJANAGARA TALUK, CHAMARAJANAGAR DISTRICT. PIN-571313 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:13876 WP No. 22253 of 2024
IMPUGNED ORDER PASSED IN LRF(79A-79B) CR380/2015-16 DTD. 20.08.2019 BY THE R-2 ASSISTANT COMMISSIONER, KOLLEGALA SUB-DIVISION, CHAMARAJANAGAR, PRODUCED AT ANNX-A AS ILLEGAL.
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 -
NC: 2025:KHC:13876 WP No. 22253 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 petitioner in the revenue record.
5. The writ petition is accordingly allowed.
6. 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.: 10