Karnataka High Court
Sri Munna Shah vs The State Of Karnataka on 14 March, 2025
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2025:KHC:10622
WP No. 20107 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 20107 OF 2022 (LR)
BETWEEN:
1. SRI MUNNA SHAH
S/O RAMNEHRU SHAH
AGED ABOUT 42 YEARS
R/A NO. 36, 20TH CROSS
7TH MAIN ROAD, BTM LAYOUT
2ND STAGE, N.S. PALYA
BANGALORE-560 078.
2. SMT. SEEMA SHAH
W/O MUNNA SHAH
AGED ABOUT YEARS
R/A NO. 36, 20TH CROSS
7TH MAIN ROAD, BTM LAYOUT
2ND STAGE, N.S. PALYA
BANGALORE-560 078.
Digitally ...PETITIONERS
signed by
KIRAN (BY SRI. B.S.SUDHINDRA ., ADVOCATE)
KUMAR R
Location:
HIGH AND:
COURT OF
KARNATAKA
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO
REVENUE DEPARTMENT
MULTI STORIED BUILDINGS
BANGALORE 560 001
2. THE ASSISTANT COMMISSIONER
RAMANAGARA SUB DIVISION
RAMANAGARA PIN CODE-562 159.
3. THE TAHSILDAR,
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NC: 2025:KHC:10622
WP No. 20107 of 2022
KANAKAPURA TALUK,
KANAKAPURA-562117.
...RESPONDENTS
(BY SMT. SAVITHRAMMA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS IN CASE NO. LRF.79(A) AND (B) NO.15/2015-16 BY
THE SECOND RESPONDENT DATED 30.01.2020 AS PER
ANNEXURE - A AND QUASH THE ORDER OF SECOND
RESPONDENT PASSED IN CASE NO. LRF.79(A) AND (B)
NO.15/2015-16 DATED 30.01.2020 AS PER ANNEXURE - A
PERTAINS TO SCHEDULE LAND AND ISSUE DIRECTION TO
RESTORE THE NAME OF THE PETITIONERS IN RTCS IN
RESPECT TO THE SCHEDULE LAND, 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. This petition is directed against an order passed by the Assistant Commissioner under Section 83 of the Karnataka Land Reforms Act (hereinafter referred to as the Act) for violation of Section 79A and 79B of the Act.
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NC: 2025:KHC:10622 WP No. 20107 of 2022
2. Learned counsel points out from the order sheet that from the year 2018 till the year 2020, the matter was being adjourned continuously on the ground that the Presiding Officer was unavailable and on 22.01.2020, the case was called and, the orders were pronounced on 30.01.2020.
3. It is therefore clear from the perusal of the order sheet that the petitioner has not been heard in the matter before passing the impugned order. Consequently, the impugned order will have to be set aside.
4. In the normal circumstances, the matter would have been remanded to the Assistant Commissioner, but since Section 79A and 79B omitted the statute Rules and proceedings are already been abated. In the instant case also, the proceedings initiated against the petitioner for violation of Section 79A and 79B shall also stand abated.
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5. This petition is accordingly disposed of.
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.: 1