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2025 DAILYLAW 40914 (KAR)

SRI D B KRISHNE GOWDA v. ASSISTANT COMMISSIONER

WP/29244/2025 · 2025-11-13

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46457 WP No. 29244 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 29244 OF 2025 (LR) BETWEEN: SRI. D.B. KRISHNE GOWDA S/O DODDABEERE GOWDA AGED ABOUT 56 YEARS R/O JYOTHINAGAR CHIKKAMAGALURU - 577 101. …PETITIONER (BY SRI. VINOD GOWDA, ADVOCATE) AND: 1. ASSISTANT COMMISSIONER CHIKKAMAGALURU DIVISION CHIKKAMAGALURU - 577 101. 2. THASILDHAR CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT - 577 101. …RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ORDER OR DIRECTION QUASHING THE ORDER DATED 19.3.2020 IN NO. RRT LRF.CR 36/2019-2020 PASSED Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46457 WP No. 29244 of 2025 BY RESPONDENT-1 AS PER ANNEXURE-L. AND DIRECTED TO RESTORE KATHA IN THE NAME OF PETITIONER AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has called in question the correctness of the order of the Assistant Commissioner at Annexure-L dated 19.03.2020. 2. In terms of the said order, the Assistant Commissioner has recorded a finding that there was a violation of Section 77(A) and 79(B) of the Karnataka Land Reforms Act, 1961 and declared that the sale deed was void for vesting of the said land free of encumbrances with the State. Further direction was issued for changing of revenue entries in the name of the Government. 3. The learned counsel for the petitioner submits that the order passed by the Assistant Commissioner is without application of mind and without considering the assertion of the - 3 - HC-KAR NC: 2025:KHC:46457 WP No. 29244 of 2025 petitioner that there was no violation of provisions of the Land Reforms Act. It is submitted that petitioner had sought for time to produce income certificates, but the Assistant Commissioner has closed the proceedings without providing sufficient opportunity. 4. It is noticed that by virtue of the amendment to the Land Reforms Act, there was omission of Section 79(A) and 79(B) by Act No.56/2020. Further, pursuant to the order, it does not appear that the possession of the land has been taken by the government. 5. In light of the directions issued by this Court and observations made in WP.Nos.25675/2025, 25707/2025 and 25710/2025, the order of the Assistant Commissioner impugned in the present proceedings dated 19.03.2020 are set aside. Matter is remitted to the Assistant Commissioner for reconsideration in light of the observations made above. 6. Assistant Commissioner to take note of the legal implication of omission of Section 79(A) and (B) of the Act and also orders passed and observations made as to the effect of - 4 - HC-KAR NC: 2025:KHC:46457 WP No. 29244 of 2025 omission of Section 79(A) and (B) of the Act and pass appropriate orders. 7. Petitioner to be present before the Assistant Commissioner, without further notice on 01.12.2025. Sd/- (S SUNIL DUTT YADAV) JUDGE JY List No.: 1 Sl No.: 26 CT: BHK