Sampath Kumar vs State of Karnataka

Type Court Judgment Court Karnataka Decided Mar 28, 2025

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Citation: sooperkanoon.com/1669255
Court: Karnataka High Court
Judge: N S Sanjay Gowda
Decided On: Mar 28, 2025
Case Number: WP/7250/2024

Parties & Advocates

Appellant / Petitioner

Sampath Kumar

Respondent

State of Karnataka

Excerpt

.....201.3. the tahsildar shivamogga taluk, shivamogga-577 201. ...respondents (by smt. chandini s., hcgp) -2- this wp is filed under articles 226 and 227 ofconstitution of india, praying to quash the orderdtd 12.06.2017 passed by the asst. commissioner, shivamogga sub division, shvamogga in case no. lrf.79(a)(b):155/16-17 produced as annx-g to the wp. 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 gowdaoral order1. an order of vesting passed by the assistant commissioner for contravention of section 79a & b of the land reforms act ("the act", for short) is challenged in this petition.2. the assistant commissioner proceeded to pass theimpugned 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 -3- 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 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. in view of the above, the revenue authorities to restore the name of the petitioner 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. 7250 OF 2024 (LR) BETWEEN: SAMPATH KUMAR S/O. LATE SUBRAMANI, AGED ABOUT 52 YEARS, OCC. AGRICULTURIST, R/O. ALUR, ANUPINAKATTE, GOPALA EXTENSION, SHIVAMOGGA CITY - 577 205. ...PETITIONER (BY SRI. UMESH MOOLIMANI, ADVOCATE) AND:
1. STATE OF KARNATAKA

Digitally signed by REPRESENTED BY ITS PRINCIPAL SECRETARY, KIRAN REVENUE DEPARTMENT, KUMAR R Location: M.S. BUILDING, DR. AMBEDKAR VEEDHI, HIGH COURT OF BENGALURU-560 001. KARNATAKA

2. THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB-DIVISION, SHIVAMOGGA DISTRICT-577 201.

3. THE TAHSILDAR SHIVAMOGGA TALUK, SHIVAMOGGA-577 201. ...RESPONDENTS (BY SMT. CHANDINI S., HCGP) -2- THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER

DTD 12.06.2017 PASSED BY THE ASST. COMMISSIONER, SHIVAMOGGA SUB DIVISION, SHVAMOGGA IN CASE NO. LRF.79(A)(B):155/16-17 PRODUCED AS ANNX-G TO THE WP. 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 & B 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 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 -3- 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 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. In view of the above, the revenue authorities to restore the name of the petitioner 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 Sampath Kumar vs State of Karnataka Same Judge N S Sanjay Gowda