Sri Biju Kottarathil V vs State Of Karnataka on 28 March, 2025

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Karnataka High Court

Sri Biju Kottarathil V vs State Of Karnataka on 28 March, 2025

Bench: N S Sanjay Gowda

                                        -1-
                                                    NC: 2025:KHC:13259
                                               WP No. 7101 of 2025




                 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. 7101 OF 2025 (LR)
            BETWEEN:

            1.    SRI BIJU KOTTARATHIL V
                  S/O SRI K T VACKACHAN
                  AGED ABOUT 51 YEARS,
                  R/AT NO.8, 6 C CROSS,
                  KAGGADASPURA, BENGALURU 560093.
                                                         ...PETITIONER
            (BY SRI. NARAYANA S., ADVOCATE)

            AND:

            1.    STATE OF KARNATAKA
                  REP, BY ITS SECRETARY
                  REVENUE DEPARTMENT
                  M.S. BUILDING,
                  DR. B. R. AMBEDKAR BEEDHI
                  BENGALURU 560 001.
Digitally
signed by
KIRAN
KUMAR R     2.    THE ASSISTANT COMMISSIONER
Location:
HIGH
                  PANDAVAPURA SUB-DIVISION
COURT OF          PANDAVAPURA
KARNATAKA
                  MANDYA -571434

            3.    THE TAHSILDAR
                  SRIRANGAPATNA TALUK
                  MANDYA DISTRICT-571438
                                                       ...RESPONDENTS
            (BY SMT.SAVITHRAMMA., AGA)

                 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
            THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE
                                  -2-
                                                NC: 2025:KHC:13259
                                            WP No. 7101 of 2025




IMPUGNED ORDER DATED 18.06.2018 IN CASE NO.LRF (SRP)
143/2016-17 VIDE ANNEXURE-A PASSED BY THE R-2, 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 was passed by the Assistant Commissioner on the ground that there was contravention of Section 79A and B of the Karnataka Land Reforms Act, 1961 (for short, 'the Act'). The petitioner being aggrieved by the said order, has filed this Writ Petition.

2. It is noticed from the said order that on 25.01.2018, notice was sent to the petitioner by registered post and thereafter, notices were affixed on the land and since there was no response from the petitioner, the order of vesting has been passed.

3. It is, therefore, clear that the order passed by the Assistant Commissioner is without considering the objections filed by the petitioner, consequently, the -3- NC: 2025:KHC:13259 WP No. 7101 of 2025 said order cannot be sustained and will have to be quashed.

4. Though in the normal circumstances, the matter would be remanded to the Assistant Commissioner, taking note of the fact that Section 79A and B are amended and the Amendment Act also states that all proceedings under Section 79A and B shall stand abated, it is hereby declared that the proceedings initiated against the petitioner in contravention of Section 79A and B shall stand abated. The Writ Petition is, therefore, allowed.

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

SD/-

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

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