Karnataka High Court
Mr. Dinesh V vs State Of Karnataka on 25 March, 2025
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2025:KHC:12425
WP No. 7730 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 7730 OF 2025 (LR)
BETWEEN:
1. MR. DINESH V
S/O VENKATESH
AGED ABOUT 45 YEARS,
R/AT NO. CHAVADI STREET, MELAPURA,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT -571438
...PETITIONER
(BY SRI. R SRINIVASA GOWDA., ADVOCATE)
AND:
1. STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE -560 001
REP BY ITS SECRETARY
Digitally 2. THE ASSISTANT COMMISSIONER
signed by
KIRAN PANDAVAPURA SUB-DIVISION
KUMAR R
PANDAVAPURA,
Location:
HIGH MANDYA DISTRICT-571434
COURT OF
KARNATAKA
3. THE TAHSILDHAR,
SRIRANGAPATNA TALUK
SRIRANGAPATNA
MANDYA DISTRICT-571438
...RESPONDENTS
(BY SMT. CHANDINI.S., HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
-2-
NC: 2025:KHC:12425
WP No. 7730 of 2025
ORDER DATED 16.07.2018 PASSED IN CASE NO. LRF.ENQ(SRI)
190/2016-17 BY THE R2 AS PER ANNEXURE-C, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
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 is passed under Section 83 of the Karnataka Land Reforms Act, 1961 (hereinafter for short referred to as the Act) on the ground that the petitioner had contravened Section 79A and 79B of the Act is called in question in this writ petition.
2. It is the case of the petitioner that the impugned order was passed without affording an opportunity of hearing to the petitioner and, hence, the order cannot be sustained.
3. A perusal of the order sheet, which is produced at Annexure - B would indicate that the proceedings were initiated in the year 2017 and, the matter was continuously adjourned due to the non-availability of the Presiding Officer and, the hearing was conducted -3- NC: 2025:KHC:12425 WP No. 7730 of 2025 on 03.02.2018 and on 16.07.2018, in which it is stated that the petitioner was absent and despite grant of opportunities he had not furnished the necessary documents to establish that he was entitled to acquire the agriculture lands.
4. The order sheet would indicate that after the matter was adjourned from 03.02.2018 to 03.03.2018, on four dates thereafter the matter was not proceeded because of the unavailability of the Presiding Officer and, on 16.07.2018, the Assistant Commissioner, taking note of the absence of the petitioner, has proceeded to reserve the matter for orders and has ultimately passed an order on 16.07.2018.
5. It is therefore clear that the impugned order is passed in violation of principles of natural justice and, will have to be set aside and, is accordingly set aside.
-4-
NC: 2025:KHC:12425 WP No. 7730 of 2025
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.
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.: 25