BASAVARAJU Vs The Assistant Commissioner

Basavaraju vs The Assistant Commissioner

Type Court Judgment Court Karnataka Decided Mar 28, 2025

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https://sooperkanoon.com/case/1661867

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Citation: sooperkanoon.com/1661867
Court: Karnataka High Court
Judge: N S Sanjay Gowda
Decided On: Mar 28, 2025
Case Number: WP/5513/2024

Parties & Advocates

Appellant / Petitioner

Basavaraju

Respondent

The Assistant Commissioner

Excerpt

.....taluk mysuru dist. - 571 105. ...respondents (by smt. chandini s., hcgp) this wp is filed under article 226 of constitution of india, praying to please to set aside the impugned order passed by the 1st respondent assistant commissioner, hunsur sub division, hunsuru in proceedings in lrf no 18/07-08 dated:28-06-2010 which is produced at annexure-c to the writ petition. this petition, coming on for final hearing, this day, order was made therein as under: coram: hon'ble mr justice n s sanjay gowdaoral order1. an order of vesting passed by the assistant commissioner for contravention of section 79a & b -3- of the land reforms act ("the act", for short) is challenged in this petition.2. the assistant commissioner proceeded to pass the impugned order on the ground that the petitioners have not produced any relevant documents despiteservice of notice. in essence, the impugned orderpassed was without hearing or without considering the claims of the purchasers. 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 petitioners.3. in the normal course, the matter would have to beremanded to the assistant commissioner, since sections 79a & b 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. -4-4. in view of the above, the revenue authorities to restore the name of the petitioners in the revenue record.5. the writ petition is accordingly disposed of. sd/- (n s sanjay gowda) judge pks list no.: 2 sl no.: 0

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 5513 OF 2024 (LR) BETWEEN: BASAVARAJU S/O VADDERAIAH DEAD BY LRS
1. MALLAMMA M. W/O LATE BASAVARAJU B. S. AGED ABOUT 52 YEARS, R/O NO.7537, 4TH STAGE, 2ND PHASE, VIJAYANAGARA,
2. RAJASHEKAR B. B.
Digitally S/O LATE BASAVARAJU B. S. signed by KIRAN AGED ABOUT 34 YEARS, KUMAR R Location: R/O NO.7537, 4TH STAGE, HIGH COURT OF 2ND PHASE, VIJAYANAGARA, KARNATAKA
3. SHOBHA B. B.
D/O LATE BASAVARAJU W/O CHETAN B. S. R/O NO.30, ISIRI NILAYA, 4TH CROSS, BEHIND SILICON VALLY -2- INTERNATIONAL SCHOOL, MHR LAYOUT, BENGALURU - 560 073. ...PETITIONERS (BY SRI. SYED AKBAR PASHA, ADVOCATE) AND:
1. THE ASSISTANT COMMISSIONER HUNSUR SUB DIVISION HUNSURU, MYSURU DIST. - 571 105.
2. THE TAHSILDAR H.D.KOTE TALUK MYSURU DIST. - 571 105. ...RESPONDENTS (BY SMT. CHANDINI S., HCGP) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO PLEASE TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE 1ST RESPONDENT ASSISTANT COMMISSIONER, HUNSUR SUB DIVISION, HUNSURU IN PROCEEDINGS IN LRF NO 18/07-08 DATED:28-06-2010 WHICH IS PRODUCED AT ANNEXURE-C TO THE WRIT PETITION. THIS PETITION, COMING ON FOR FINAL HEARING, 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 & B -3- of the Land Reforms Act ("the Act", for short) is challenged in this petition.

2. The Assistant Commissioner proceeded to pass the impugned order on the ground that the petitioners have 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 purchasers. 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 petitioners.

3. In the normal course, the matter would have to be

remanded to the Assistant Commissioner, since Sections 79A & B 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-

4. In view of the above, the revenue authorities to restore the name of the petitioners in the revenue record.

5. The writ petition is accordingly disposed of. SD/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 0

Same Court & Year Karnataka · 2025 Same Parties Basavaraju vs The Assistant Commissioner Same Judge N S Sanjay Gowda