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2025 DAILYLAW 36472 (KAR)

SMT H GEETHA v. THE STATE OF KARNATAKA

WP/74/2025 · 2025-04-07

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:14832 WP No. 74 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 74 OF 2025 (LR) BETWEEN: 1. SMT H GEETHA W/O G.H.RAJU, AGED ABOUT 47 YEARS, R/AT NO.699, 9TH 'A' CROSS ROAD, WEST OF CHORD ROAD, RAJAJINAGAR, MAHALAKSHMIPURAM, BANGALORE-560 086 …PETITIONER (BY SRI. KUMAR M D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560001 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA, BANGALORE RURAL DISTRICT-561203. 3. THE THASILDAR OFFICE OF THE THASILDAR, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-561203. …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 31/08/2018, PASSED IN DISPUTE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14832 WP No. 74 of 2025 NO. LRFSR (NE) 130/2012-13, UNDER SECTION 79 (a) AND (b), PASSED BY THE R2 AT ANN-A, ETC. 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 - NC: 2025:KHC:14832 WP No. 74 of 2025 3. 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. 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.: 2 Sl No.: 9