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2025 DAILYLAW 34748 (KAR)

SRI B VENUGOPAL v. THE ASST. COMMISSIONER

WP/32165/2024 · 2025-04-01

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:13619 WP No. 32165 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. 32165 OF 2024 (LR) BETWEEN: 1. SRI B VENUGOPAL S/O M P BABU AGED ABOUT 58 YEARS, RESIDING AT NO 170/A/1A 1ST BLOCK JAYANAGAR BYRASANDRA MAIN ROAD BANGALORE-560011 …PETITIONER (BY SRI. RAGHAVENDRA K., ADVOCATE) AND: 1. THE ASST. COMMISSIONER KOLLEGALA SUB-DIVISION KOLLEGALA DISTRICT-571440 2. THE TAHSILDAR GUNDLUPETE TALUK, KOLLEGALA DISTRICT-571111 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE OFFICE OF THE R-1 IN RESPECT FO THE PROCEEDING IN LRF 182/2007-08 AFTER PERUSING THE RECORDS SET ASIDE THE ORDERS DTD 12.03.2008 PASSED IN LRF 182/2007-08 PASSED BY THE R-1 WHICH IS PRODUCED AT ANNX-A, ETC. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13619 WP No. 32165 of 2024 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. In the normal course, the matter would have to be remanded to the Assistant Commissioner, since - 3 - NC: 2025:KHC:13619 WP No. 32165 of 2024 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.: 1 Sl No.: 104