Shri. Ramachandra vs The Assistant Commissioner on 21 March, 2025

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Karnataka High Court

Shri. Ramachandra vs The Assistant Commissioner on 21 March, 2025

Bench: N S Sanjay Gowda

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                                                   NC: 2025:KHC:11882
                                                  WP No. 3948 of 2025




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 21ST DAY OF MARCH, 2025

                                     BEFORE
                   THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                      WRIT PETITION NO. 3948 OF 2025 (LR)
            BETWEEN:

            1.    SHRI. RAMACHANDRA
                  S/O. LATE KRISHNAPPA,
                  AGED ABOUT 65 YEARS,
                  R/A. NAALABANDAVADI,
                  BEHIND KAKA MASJID, ANEKERE VEEDHI,
                  MANDYA-571401
                                                          ...PETITIONER
            (BY SRI. SANATH KUMARA K M., ADVOCATE)

            AND:

            1.    THE ASSISTANT COMMISSIONER
                  MANDYA SUB-DIVISION
                  MANDYA-571401.

Digitally
            2.    THE TAHSILDAR
signed by
KIRAN
                  MANDYA TALUK MANDYA DISTRICT,
KUMAR R           MANDYA-571401.
Location:
HIGH                                                    ...RESPONDENTS
COURT OF
KARNATAKA   (BY SMT. CHANDINI.S., HCGP)

                 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
            THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
            IMPUGNED ORDER DATED 10/3/2020 PASSED BY THE 1ST
            RESPONDENT, THE ASSISTANT COMMISSIONER, MANDYA SUB
            DIVISION, MANDYA IN LRF NO.42/2019-20 AT ANNEXURE-E
            CONSEQUENTLY RESTORE THE NAME OF THE PETITIONER IN
            RTC IN RESPECT OF THE LAND IN DISPUTE, ETC.

                THIS PETITION, COMING ON FOR PRELIMINARY
            HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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                                             NC: 2025:KHC:11882
                                            WP No. 3948 of 2025




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 and 79B of the Karnataka Land Reforms Act is called in question.

2. It is the case of the petitioner that, as could be seen from the order sheet, though the notice sent to the petitioner through RPAD was returned unserved. Nevertheless, the Assistant Commissioner has placed the petitioner ex-parte and has proceeded to pass the impugned order.

3. A perusal of the order sheet, which is produced at Annexure - G would indicate that the notice sent to the petitioner was returned unserved, but still the Assistant Commissioner has proceeded to place the petitioner ex-parte and has proceeded to pass the order directing the land to be vested. -3-

NC: 2025:KHC:11882 WP No. 3948 of 2025

4. Since the notice was served on the petitioner, the impugned order passed without hearing him and notifying him would be illegal.

5. Consequently, the impugned order is quashed.

6. In the normal circumstances, the order would have to be set aside and, the matter would have to be remanded to the Assistant Commissioner for fresh consideration, having regard to the fact that Sections 79A & 79B of the Act has been omitted from the statute and the proceedings are ordered to be abated, no useful purpose would be served by remanding the matter to the Assistant Commissioner.

7. Consequently, this writ petition is allowed and the proceedings initiated against the petitioner for contravention of Section 79A and 79B shall stand abated.

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NC: 2025:KHC:11882 WP No. 3948 of 2025

8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.

Sd/-

(N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 18

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