Partly allowed

Sri Ramesha a v. the State of Karnataka

Karnataka HC13 Nov 2024WP/21951/2024

Case brief

AI extract

What is this about?

Land purchase proceedings under Sections 79A/79B of the Karnataka Land Reforms Act resulted in an order without proof of notice to the petitioner. Since those sections stood repealed, the High Court set aside the order and remitted the matter for fresh decision after hearing the petitioner.

What did the court decide?

Impugned order dated 14.12.2016 set aside; matter remitted to respondent No.2 for fresh decision after hearing the petitioner, considering repeal of Sections 79A/79B; petitioner directed to appear on

Sri Ramesha a Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:46175 WP No. 21951 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR.JUSTICE M.I.ARUN

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WRIT PETITION NO.21951 OF 2024 (LR)

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BETWEEN:

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SRI RAMESHA A. S/O LATE ANDANAIAH @ ANDANI HEGGADE, AGED ABOUT 53 YEARS, R/AT 2ND CROSS, VIVEKANANDANAGAR, CHANAPATNA TALUK, RAMANAGARA DISTRICT-562 60.

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…PETITIONER

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(BY SRI KUMBAR VASANT FAKEERAPPA, ADVOCATE)

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AND:

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Digitally signed by CHAITHANYA K Location: High Court of Karnataka

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THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. OFFICE BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001,

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REPRESENTED BY ITS PRINCIPAL SECRETARY.

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THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION, RAMANAGARA-562 159.

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THE TAHASILDAR CHANNAPATNA TALUK, CHANNAPATNA-562 160.

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…RESPONDENTS

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(BY SRI HARISHA A.S., AGA)

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NC: 2024:KHC:46175 WP No. 21951 of 2024

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THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.2 IN NO.L.R.F.79(A & B) (CHA) 11/2015-16 DATED 14.12.2016 VIDE AT ANNEXURE-C AS PER THE ORDINANCE ISSUED BY THE GOVERNMENT OF KARNATAKA IN KARNATAKA LAND REFORMS (AMENDMENT) ORDINANCE 2020 PUBLISHED IN THE SPECIAL GAZETTE DATED 13.07.2020, VIDE AT ANNEXURE-E, ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.I.ARUN

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ORAL ORDER

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The case of the petitioner is that he purchased 26

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guntas out of total extent of 1 acre 26 guntas of land in Sy.No.559 and 6 guntas of land in Sy.No.558/1 of Maluru village, Maluru Hobli, Channapatna Taluk, Ramanagara District, by registered sale deed dated 31.10.2014. Proceedings were initiated against the said purchase on the ground that it violated Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 ('the Act' for short) and the impugned order dated 14.12.2016 came to be passed.

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3 - NC: 2024:KHC:46175 WP No. 21951 of 2024

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The case of the petitioner is that the said impugned order has been passed without issuing notice to the petitioner.

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Though the learned AGA appearing for the respondents submits that notice has been issued to the petitioner, but he admits that the respondents have no records to show that the notice was in fact served on the petitioner.

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It is not in dispute that the petitioner was placed ex parte in the said proceedings and he has not participated in the same. Further, Sections 79A and 79B of the Act has been repealed. Under the said circumstances, I am of the opinion that interest of justice would be met if the impugned order is set aside and the matter is remitted back to respondent no.2 to decide the matter afresh by taking into consideration the fact that Sections 79A and 79B of the Act have been repealed. Hence, the following:

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NC: 2024:KHC:46175 WP No. 21951 of 2024

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ORDER

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(i) The impugned order dated 14.12.2016 bearing No.L.R.F.79(A&B) (CHA) 11/2015-16 passed by respondent no.2 (vide Annexure-C to the writ petition) is hereby set aside;

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(ii) The matter is remitted back to respondent no.2 with a direction to the petitioner to appear before respondent no.2 on 12.12.2024 at 3.00 p.m.;

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(iii) Respondent no.2 shall pass appropriate orders in accordance with law after hearing the petitioner and also by taking into consideration the fact that Sections 79A and 79B of the Act have been repealed;

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(iv) The writ petition stands disposed of accordingly.

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Sd/(M.I.ARUN)

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JUDGE

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hkh.

Sri Ramesha a v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Ramesha a v. the State of Karnataka

Case brief

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