Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15357 WP No. 31946 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 31946 OF 2024 (LR)
BETWEEN:
1. SMT. UMA AGED 40 YEARS W/O. SHIVA R/AT. NO.473, 14TH MAIN NAKALU BANDE JAYANAGAR 3RD BLOCK BANGALORE-560 011. …PETITIONER
(BY SRI. D.G. CHINNAPPA GOWDA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS REVENUE SECRETARY M.S. BUILDING, DR. AMBEDKAR ROAD VIDHANA VEEDHI, BANGALORE-560 001. 2. THE ASSISTANT COMMISSIONER MANDYA SUB DIVISION MANDYA-571 401. 3. THE TAHASILDAR, MADDUR TALUK MANDYA-571 401. …RESPONDENTS
(BY SMT. CHANDINI .S, HCGP)
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:15357 WP No. 31946 of 2024
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATED 23.05.2017 PASSED BY THE R-2-ASSISTANT COMMISSIONER, MANDYA SUB DIVISION, MANDYA IN CASE NO. LRF 277/2016-17 AS PER ANNEXURE-G TO THE WRIT PETITION IN FORFEITING THE LAND PURCHASED BY THE PETITIONER
UNDER REGISTERED SALE DEED DATED 19.10.2015 AND IN HOLDING THAT THERE HAS BEEN VIOLATION OF THE PROVISIONS OF SECTION 79A AND 79B OF THE KARNATAKA LAND REFORMS ACT 1961 AS ILLEGAL AND OPPOSED TO PRINCIPLES OF NATURE JUSTICE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING '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 petitioner has produced a copy of the order sheet maintained by the Assistant Commissioner. The entire order sheet maintained basically indicates that the proceedings were being adjourned without providing opportunity to the petitioner and ultimately, the order was passed stating that
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NC: 2025:KHC:15357 WP No. 31946 of 2024
Sections 79A and 79B of the Act were contravened which required an order of vesting to be passed. It is therefore clear that the impugned order was passed in gross violation of principles of natural justice. 3. 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.
4. 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. 5. In view of the above, the revenue authorities to restore the name of the petitioner in the revenue record. - 4 -
NC: 2025:KHC:15357 WP No. 31946 of 2024
6. The writ petition is accordingly allowed. 7. In view of the disposal of the petition, pending applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE
RK List No.: 2 Sl No.: 7