Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10192 WP No. 29005 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 29005 OF 2024 (LR) BETWEEN:
SRI NANJUNDASWAMY M, S/O MAHADEVAPPA, AGED ABOUT 59 YEARS, R/O BEHIND ADARSHA SCHOOL, HOSAHALLI, NEAR MASJID ROAD, MANDYA CITY, MANDYA DISTRICT - 571401.
PETITIONER (BY SRI. RAJA L.,ADVOCATE) AND:
1.
THE TAHSILDAR, MANDYA, MANDYA TALUK, MANDYA DISTRICT - 571401.
2.
THE ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION, MANDYA, MANDYA DISTRICT - 571401.
RESPONDENTS
(BY SMT. SAVITHARAMMA., AGA FOR RESPONDENTS)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE R2 PASSING THE IMPUGNED ORDER IN LRF NO. 156/2017-18 PASSED ON 18.02.2020 VIDE ANNEXURE-F AND ETC,.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE NS SANJAY GOWDA
Digitally signed by NIRMALA DEVI Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:10192 WP No. 29005 of 2024
ORAL ORDER
1. The petition is field challenging the order passed by the Assistant Commissioner in a proceeding under Sections 79(a) and 79(b) of the Karnataka Land Reforms Act, 1961 (hereinafter referred as ‘Act’). The order indicates that the notices sent to the petitioner were returned and hence, the Assistant Commissioner proceeded to held that the sale was in contravention of the provisions of Sections 79(a) and 79(b) of the Act.
2.
Learned counsel for the petitioner points out that the notices were never served on the petitioner and hence the
order cannot be sustained.
3. In my view, since the order passed by the Assistant Commissioner is without hearing the petitioner, the same would have to be quashed.
4. However, since the statute has been amended and Sections 79(a) and 79(b) are deleted, the proceedings shall stand abated. Sd/- (N S SANJAY GOWDA) JUDGE
PNV - List No.: 1 Sl No.: 10