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2025 DAILYLAW 32734 (KAR)

SRI M KEMPARAJU v. STATE OF KARNATAKA

WP/24659/2024 · 2025-04-09

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:15390 WP No. 24659 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 24659 OF 2024 (LR) BETWEEN: 1. SRI. M. KEMPARAJU S/O LATE T. MARIYAPPA AGED ABOUT 65 YEARS R/AT 149, 6TH MAIN ROAD POORNACHANDRA LAYOUT SRIGANDHAKAVAL 'D' GROUP LAYOUT BENGALURU-560 091. …PETITIONER (BY SRI. SRINIVASA .D.C, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION OFFICE OF THE ASSISTANT COMMISSIONER RAMANAGARA TOWN RAMANAGARA DISTRICT-562 159. 3. THE TAHASILDAR OFFICE OF THE TAHASILDAR RAMANAGARA TOWN RAMANAGARA DISTRICT-562 159. …RESPONDENTS (BY SMT. CHANDINI .S, HCGP) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15390 WP No. 24659 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE R2 ASSISTANT COMMISSIONER, RAMANAGARA, IN NO.LRF.79/(A)(B)/RAA/39/15-16 DATED 19.07.2017, VIDE ANNEXURE-A AS ILLEGAL AND UNCONSTITUTIONAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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:15390 WP No. 24659 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, pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 2 Sl No.: 0