Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14459 WP No. 33184 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33184 OF 2024 (LR) BETWEEN:
1.
SRI S SANDEEP S/O LATE SRI SHIVAKUAMR AGED ABOUT 44 YEARS R/O KAMAGERE VILALGE KOLLEGAL TALUK CHAMARAJANAGAR 571440 …PETITIONER (BY SRI. BASAVANNA K .M., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMET N OF REVENUE M S BUILDING BENGALURU 560 001
2.
THE ASSISTANT COMMISSIONER KOLLEGALA SUB DIVISON KOLLEGALA 571440
3.
THE TAHASILDHAR KOLLEGALA TALUK KOLLEGALA 571440 …RESPONDENTS (BY SMT. CHANDINI.S., HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
ORDER DTD. 20.03.2008 PASSED BY THE R-2 IN NO. LRF.
192/2007-08 AS PER ANNX-D, ETC.
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14459 WP No. 33184 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 Section 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.
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NC: 2025:KHC:14459 WP No. 33184 of 2024
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 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, pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
PKS List No.: 2 Sl No.: 9