Sri. T. Nanjunda Reddy vs The State Of Karnataka on 22 March, 2025

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Karnataka High Court

Sri. T. Nanjunda Reddy vs The State Of Karnataka on 22 March, 2025

Bench: N S Sanjay Gowda

                                       -1-
                                                 NC: 2025:KHC:12207
                                                WP No. 8284 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 22ND DAY OF MARCH, 2025

                                     BEFORE
                   THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                      WRIT PETITION NO. 8284 OF 2023 (LR)
            BETWEEN:

            1.    SRI. T. NANJUNDA REDDY
                  S/O LATE SRI THIMMA REDDY
                  AGED ABOUT 73 YEARS
                  R/A NO.259, 19TH C CROSS
                  KAGGADASAPURA
                  C V RAMAN NAGAR POST
                  BENGALURU-560093
                                                       ...PETITIONER
            (BY SRI. T M VENKATA REDDY., ADVOCATE)

            AND:

            1.    THE STATE OF KARNATAKA
                  REP BY ITS SECRETARY
                  DEPARTMENT OF REVENUE
                  MULTISTORIED BUILDING
Digitally
signed by         AMBEDKAR VEEDHI
KIRAN             BENGALURU-560001
KUMAR R
Location:
HIGH        2.    THE DEPUTY COMMISSIONER
COURT OF
KARNATAKA         BENGALURU RURAL DISTRICT
                  CHAPPARAKALLU
                  DEVANAHALLI TALUK
                  BENGALURU RURAL DISTRICT

            3.    THE ASSISTANT COMMISSIONER
                  DODDABALLAPURA SUB DIVISION
                  DODABALLAPURA
                  BENGALURU RURAL DISTRICT

            4.    THE TAHSILDAR
                               -2-
                                          NC: 2025:KHC:12207
                                        WP No. 8284 of 2023




     HOSKOTE TALUK
     HOSKOTE
     BENGALURU RURAL DISTRICT
                                             ...RESPONDENTS
(BY SMT. SAVITHRAMMA., AGA)

     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER DATED 31.08.2018 IN LRF.SR(HO)71/2012-13 PASSED
BY TH R-3 AT ANNEXURE-F, ETC.

     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 has been made under Section 83 of the Karnataka Land Reforms Act, 1961 (for short, 'the Act') for alleged contravention of Sections 79A and 79B of the Act, is challenged before this Court by way of this writ petition.

2. The learned counsel for the petitioner points out that the proceedings were initiated in the year 2012 and through out the proceedings, which spanned over a period of three years, there was no hearing at all, except for one particular day i.e., on 30.01.2015. -3-

NC: 2025:KHC:12207 WP No. 8284 of 2023

3. The learned counsel points out that on one particular date, the case was called out in the year 2018 and was adjourned to 20.02.2018. Thereafter, the matter was adjourned twice due to the unavailability of the Assistant Commissioner. Thereafter, on 25.08.2018, the case was posted for orders and on 31.08.2018, the order was pronounced. He therefore submitted that the impugned order is absolutely illegal, since the petitioner was not even heard and there is absolutely no sitting conducted by the Assistant Commissioner.

4. A perusal of the order-sheet itself indicate that the proceedings were initiated in 2012, and no sitting was held till the year 2015. The order-sheet indicates that in the year 2018, the case was called out for the fist time and on two occasions, adjourned due to non- availability of the Presiding Officer and on 25.08.2018, the case was called and the matter was posted for orders and order was pronounced on 31.08.2018. It is -4- NC: 2025:KHC:12207 WP No. 8284 of 2023 therefore clear that the impugned order cannot be sustained and the same is quashed.

5. In the normal circumstances, the matter would have to be remitted to the Assistant Commissioner for fresh consideration. However, in the year 2020, the Karnataka Land Reforms Act1 was amended and Sections 79A and 79B were omitted; the said amendment also made it clear that all cases pending as on the date of publication of the Amendment Act pertaining to Sections 79A, 79B and 79C would stand abated. Since the matter, on remand now, would revive the proceedings, the same would stand abated by virtue to Section 13 of the Amendment Act2.

6. Consequently, it is held that the impugned proceedings against the petitioner shall stand abated. 1 The Karnataka Land Reforms (Amendment) Ordinance, 2020 [Karnataka Ordinance No.13 of 2020] Section 13. Savings:- (1) x x x (2) All cases pending on the date of publication of this Act pertaining to Sections 79A. 79B and 79C and consequential thereof shall stand abated. 2 The Karnataka Land Reforms (Amendment) Ordinance, 2020 -5- NC: 2025:KHC:12207 WP No. 8284 of 2023

7. The writ petition is accordingly allowed.

Sd/-

(N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 60

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