Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14454 WP No. 25536 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 25536 OF 2024 (LR) BETWEEN:
1.
SRI B KOTIREDDY S/O B NAGIREDDY AGED ABOUT 48 YEARS RESIDNG AT BASVARAEJSHWARAI CAMP ALBANOOR, ALABANUR SINDHANURU RAICHURU DIT 584128 …PETITIONER (BY SRI. BALACHANDRA Y S., ADVOCATE)
AND:
1.
ASSISTANT COMMISSIONER KOLLEGALA SUB DIVISION KOLLEGALA 571440
2. TAHSILDAR YALLANDUR TALUK CHAMARAJANAGAR DISTRICT 571439 …RESPONDENTS (BY SMT. CHANDINI.S., HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER DTD 20.03.2008 PASSED BY R-1 IN LRF.147/2007-08 WITH RESPECT OF THE LANDS BEARING SY NO. 696 MEASURING TO AN EXTENT OF 5 ACRES 22 GUNTAS SY NO.
703/1 MEASURING TO AN EXTENT OF 3 ACRES 4 GUNTAS, SY NO. 681/1 MEASURING TO AN EXTENT OF 2 ACRES 19 GUNTAS, SY NO. 636/1 MEASURING TO AN EXTENT OF 2 ACRES 12 GUNTAS, SY NO. 684/3 MEASURING TO AN EXTENT OF 2 ACRES 6 GUNTAS, SY NO. 686 MEASURING TO AN
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14454 WP No. 25536 of 2024
EXTENT OF 6 ACRES 4 GUNTAS SITUATED AT KESTUR VILLAGE, AGARA HOBLI YELANDUR TALUK (VIDE ANNEXURE- H), 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 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.
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NC: 2025:KHC:14454 WP No. 25536 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 the disposal of the petition, pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
PKS List No.: 2 Sl No.: 5