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2025 DAILYLAW 82017 (KAR)

MR NAGENDRA KUMAR REDDY v. STATE OF KARNATAKA

WP/30748/2025 · 2025-11-12

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46049 WP No. 30748 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 30748 OF 2025 (LR) BETWEEN: MR NAGENDRA KUMAR REDDY AGED ABOUT 58 YEARS, S/O D.V. SUBBAREDDY, R/AT TUMMULA AMADAGORU MANDALA ANANTHAPURA DISTRICT ANDHRAPRADESH - 515 411 …PETITIONER (BY SRI. MOHANA CHANDRA P., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE - 560 001 REPRESENTED BY ITS SECRETARY 2. THE ASSISTANT COMMISSIONER, CHIKKABALLAPURA SUB-DIVISION, CHIKKABALLAPURA -562101 3. THE TASHILDAR, TALUK OFFICE, BAGEPALLI TALUK - 561 207 …RESPONDENTS (BY SRI. SESHU.V, HCGP) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION OR ORDER QUASHING THE IMPUGNED ORDER DATED 25-07-2015 PASSED BY RESPONDENT NO.2 IN ITS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46049 WP No. 30748 of 2025 PROCEEDING NO. LRF-79AB-CR-174/2007-08 FORFEITING THE LAND BEARING SY.NO.120 MEASURING -36 ACRE ACRES IN FAVOUR OF THE GOVERNMENT AND CONSEQUENTLY DIRECTED TO TAKE THE POSSESSION OF THE LAND IN FAVOUR OF THE GOVERNMENT VIDE ANNEXURE -C, CONSEQUENTLY MUTATING KHATA IN THE NAME OF GOVERNMENT VIDE ANNEXURE -D, BY ALLOWING THE WRIT PETITION 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 order of the Assistant Commissioner dated 25.07.2015, whereby the Assistant Commissioner has recorded a finding that the there is a violation of provisions under Section 79(A) and (B) of the Karnataka Land Reforms Act, 1961 (for short 'the Act') and declared the sale deed of the petitioner to be void and further that the land would stand forfeited and would vest in the State Government free from encumbrances. The said order has been assailed in the present proceedings on various grounds including that there was violation of principles of natural justice and there was no fair hearing. 2. It is noticed that by virtue of the Amendment Act 56 of 2020, there was omission of Sections 79(A) and (B) of - 3 - HC-KAR NC: 2025:KHC:46049 WP No. 30748 of 2025 the Act. Taking note of the orders passed in W.P.Nos.25675/2025, 25707/2025 and 25710/2025, it would be appropriate to remit the matter back for fresh consideration before the Assistant Commissioner after taking note of the observations made in the above said orders. Needless to state that the question would still remain whether as on the date of the Amendment Act coming into force, the State had taken over the possession of the land in question. 3. In light of the above discussion, the order at Annexure-C is set aside. The matter is remitted back to the Assistant Commissioner for fresh consideration and the Assistant Commissioner to pass fresh orders after taking note of the legal consequences of omission of Sections 79(A) and (B) of the Act. All contentions are kept open. Accordingly, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VM List No.: 1 Sl No.: 34