Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13655 WP No. 27379 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 27379 OF 2024 (LR) BETWEEN:
1. SMT. BHAGYAMMA W/O. LATE H.D. BASAVARAJU, AGED ABOUT 68 YEARS, OCC AGRICULTURIST AND DAIRY FARMING SENIOR CITIZENSHIP CLAIMED, R/AT D. HOSURU VILLAGE, KASABA HOBLI, K.HONNALAGERE POST, MADDURU TALUK, MANDYA DISTRICT - 571 433
…PETITIONER
(BY SRI. C.BASAVAIAH., ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER MANDYA SUB-DIVISION, MANDYA MANDYA TALUK AND DISTRICT - 571 401
2. THE TAHSILDAR MADDURU TALUK OFFICE, MADDURU TALUK, MANDYA DISTRICT - 571 428 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA)
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13655 WP No. 27379 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.05.2017 IN LRF NO. 251/2016- 17 PASSED BY THE R-1 THE AC, MANDYA SUB-DIVISION, MANDYA (ANNEXURE-E), 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:13655 WP No. 27379 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.: 10