Karnataka High Court
Sri K Sukesh Raju vs The Assistant Commissioner on 21 March, 2025
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2025:KHC:11879
WP No. 30327 of 2024
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. 30327 OF 2024 (LR)
BETWEEN:
1. SRI K SUKESH RAJU
AGED ABOUT 45 YEARS
S/O KRISHNEGOWDA
RESIDING AT 8TH CROSS
SUBHASHNAGAR, MANDYA CITY
MANDYA DISTRICT 571401
(SENIOR CITIZEN NOT CLAIMED)
...PETITIONER
(BY SRI. RAJA L., ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER
MANDYA SUB DIVISION, MANDYA
MANDYA DISTRICT 571401.
Digitally 2. THE TAHASHILDHAR
signed by
KIRAN SRIRAGAPATNA TALUK
KUMAR R
Location:
MANDYA DISTRICT 571401
HIGH ...RESPONDENTS
COURT OF
KARNATAKA (BY SMT. SAVITHRAMMA., AGA FOR R-1 & R-2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE
FIRST RESPONDENT PASSING THE IMPUGNED ORDER IN LRF
NO.112/2015 PASSED ON 08.11.2016 SAME IS MARKED AS
ANNEXURE-F, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:11879
WP No. 30327 of 2024
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. An order of vesting passed for contravention of Section 79A and 79B of the Karnataka Land Reforms Act is called in question in this writ petition.
2. It is the case of the petitioner that, though the proceedings were initiated in the year 2015 and the petitioner entered appearance through his counsel, the matter was adjourned on several occasions due to non-availability of the Assistant Commissioner, but, suddenly, on one day, the Assistant Commissioner had posted the matter for orders and he has passed the order of vesting.
3. Since the petitioner claims that he has not been heard in the matter and taking into consideration that the land in question is only two guntas of land, in the normal circumstances, the impugned order would have to be set aside and, the matter would -3- NC: 2025:KHC:11879 WP No. 30327 of 2024 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.
4. Consequently, the impugned order is quashed and the proceedings initiated against the petitioner for contravention of Section 79A and 79B shall stand abated.
5. This writ petition thus allowed.
6. 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.: 7