Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 34601 (KAR)

SRI K SUKESH RAJU v. THE ASSISTANT COMMISSIONER

WP/30005/2024 · 2025-04-03

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14312 WP No. 30005 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. 30005 OF 2024 (LR) BETWEEN: 1. SRI K.SUKESH RAJU, AGED ABOUT 45 YEARS, S/O KRISHNEGOWDA, RESIDNG AT 8TH CROSS SUBHASHANAGAR MANDYA CITY MANDYA DISTRICT-571 401. …PETITIONER (BY SRI. RAJA L.,ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION, MANDYA, MANDYA DISTRICT-571 401. 2. THE TAHASILDHAR, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 401. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE R1 PASSING THE IMPUGNED ORDER IN LRF NO.92/2015 PASSED ON 08.11.2016 SAME IS MARKED AS ANNX-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14312 WP No. 30005 of 2024 ORAL ORDER 1. An order of vesting passed by the Assistant Commissioner for contravention of Section 79A & B of the Karnataka Land Reforms Act ("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. 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 Karnataka Land Reforms Act, no useful purpose would be served by remanding the - 3 - NC: 2025:KHC:14312 WP No. 30005 of 2024 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 GSR List No.: 1 Sl No.: 3