Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16882 WP No. 34850 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34850 OF 2024 (LR) BETWEEN:
1.
PREMA KUMAR NANGIA S/O LATE S.B. NANGIA, AGED ABOUT 78 YEARS, RESIDING AT ARASHINAKUNTE VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT BENGALURU - 562123 (SENIOR CITIZEN NOT CLAIMED) …PETITIONER (BY SRI. JAYACHANDRA REDDY K R., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU - 560001
2.
ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION, BENGALURU RURAL DISTRICT - 561203
3. THASILDHAR NELAMANGALA TALUK NELAMANGALA - 562123 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE EX- PARTE ORDER PASSED BY THE R-2 IN L.R.F S.R. 95.79-80 DTD. 22.09.1988 AS PER ANNX-D, ETC.
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:16882 WP No. 34850 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.
3. In the normal course, the matter would have to be remanded to the Assistant Commissioner, since Sections
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NC: 2025:KHC:16882 WP No. 34850 of 2024
79A & 79B 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 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 records.
5. This 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
HNM List No.: 1 Sl No.: 132