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2025 DAILYLAW 32302 (KAR)

SRI M SRINIVASAN v. STATE OF KARNATAKA

WP/24024/2024 · 2025-04-03

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:14255 WP No. 24024 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. 24024 OF 2024 (LR) BETWEEN: 1. SRI M SRINIVASAN S/O LATE MUTHUSWAMI GOUNDER AGED ABOUT 68 YEARS NO 175, GEAR RAOD, DODDAKANNELLI CARMERLARAM POST DODDAKANNELLI VILLAGE BANGALORE - 560035 …PETITIONER (BY SRI. KATTI DHIRENDRA NARASHIMA., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE MS BUILDING DR AMBEDKAR VEEDHI BENGALURU - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODABALLAPURA - 56103 BANGALORE RURAL DISTRICT 3. THE TAHSILDAR DODDABALALPURA BANGALORE RURAL DISTRICT - 561203 …RESPONDENTS (BY SMT. CHANDINI.S, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14255 WP No. 24024 of 2024 ORDER PASSED BY THE R2, ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA IN PROCEEDINGS NO.LRF.SR(HO)288/2016.17 DTD 07.03.2020 PRODUCED AT ANNEXURE-A, ETC. 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 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:14255 WP No. 24024 of 2024 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 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 applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 2 Sl No.: 6