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2025 DAILYLAW 56340 (KAR)

SMT SHARIN BANU v. THE STATE OF KARNATAKA

WP/24206/2024 · 2025-07-14

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25917 WP No. 24206 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 24206 OF 2024 (LR) BETWEEN: 1. SMT. SHARIN BANU @ FAREEN BANU W/O MOHAMMED ISMAIL AGED ABOUT 70 YEARS R/AT KODIPALYA VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK-560 060. …PETITIONER (BY SRI. MUNIRAJA M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDING, DR. B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION, RAMANAGARA, RAMANAGARA DISTRICT- 562159. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25917 WP No. 24206 of 2024 3. THE TAHASILDAR RAMANAGAR RAMANAGARA TALUK-562 159. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.09.1995 BEARING CASE NO.LRF (79)47/94-95 PASSED BY THE 2ND RESPONDENT ASSISTANT COMMISSIONER BY FORFEITING THE LAND MEASURING 1 ACRE IN SY.NO.69 IN FAVOUR OF STATE GOVERNMENT SITUATED AT KURUBARAKARENAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT AS PER ANNEXURE-A; DIRECT THE 3RD RESPONDENT TAHSILDAR, RAMANAGARA TALUK TO RESTORE THE MUTATION IN THE NAME OF THE PETITIONER AND TRANSFER KHATHA IN HER FAVOUR WITH RESPECT OF THE LAND IN SY.NO.69 MEASURING 1 ACRE SITUATED AT KURUBARAKARENAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT. - 3 - HC-KAR NC: 2025:KHC:25917 WP No. 24206 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 E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. The petitioner herein is assailing the order dated 22.09.1995 (Annexure-A) passed by respondent No.2. 3. Learned counsel for the petitioner submitted that notice has not been served to the petitioner and without hearing the petitioner, the impugned order at Annexure-A has been passed. 4. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner that, respondent No.2 has committed an error in not providing fair opportunity to the petitioner herein. Accordingly, the order dated 22.09.1995 (Annexure-A) passed by respondent No.2 is hereby set aside. It is also to be noted that since proceedings have been conducted under Section 79A and 79B of the - 4 - HC-KAR NC: 2025:KHC:25917 WP No. 24206 of 2024 Karnataka Land Reforms Act, 1961, and in that view of the matter, since amendment has been made to the said Act, deleting aforementioned provisions, I am of the view that, the entire proceedings abates. 5. Accordingly, the writ petition is disposed of. Since the proceedings have abated, respondent - authorities are directed to reflect the name of the petitioner in the revenue records, in accordance with law. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 72