MR. K.S.SANJEEVAIAH v. THE STATE OF KARNATAKA
Case at a glance
- Bench
- M I ARUN
- Neutral citation
- 2024:KHC:24986
Outcome
Remanded
The matter stands remanded back to second
Provisions considered
- Constitution of India art. 227
Key paragraphs
- Para 44. Admittedly, there is no proof of service of notice to the petitioner by the Authorities concerned in the proceedings before the respondent No.2. Under the said circumstances and also taking into consideration the fact that Sections 79A and 79B of the Act have been…
Judgment
1. MR. K.S.SANJEEVAIAH, S/O LATE MR. SANJEEVE GOWDA, AGED ABOUT 77 YEARS, NO.19, 3rd CROSS, CUBBON PET, BANGALORE-560 002. (BY SRI. MALLESAPPA L., ADVOCATE) AND:
THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHANA SOUDHA , BANGALORE-560 001. REP. BY ITS SECRETARY.
THE ASSISTANT COMMISSIONER, RAMANAGARA SUB-DIVISION, RAMANAGARA-562 159.
THE TAHSILDAR, CHANNAPATNA TALUK, CHANNAPATNA, RAMANAGARA DISTRICT-562 160. (BY SMT. M.V.ADITHI, AGA) …PETITIONER …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS PASSED BY SECOND RESPONDENT, ON 13.11.2019, IN LRF79(A) & (B)96/2013-14 VIDE ANNEXURE-E, BY ALLOWING THE ABOVE WRIT PETITION AND ETC. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2024:KHC:24986 WP No. 14344 of 2022 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER
1. The petitioner has challenged the impugned order dated 13.11.2019 passed by respondent No.2 (vide Annexure-'E' to the writ petition), wherein it has been ordered to forfeit the land purchased by the petitioner on the ground that it is in violation of Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 (for short 'the Act').
2. The case of the petitioner is that the impugned order has been passed without serving notice to the petitioner.
3. Learned Additional Government Advocate appearing for respondents upon instructions submits that though the notice has been issued to the petitioner, there is no evidence to show that the notice was indeed served on the petitioner. He further submits that the petitioner has not participated in the proceedings. - 3 - NC: 2024:KHC:24986 WP No. 14344 of 2022
Operative part
Admittedly, there is no proof of service of notice to the petitioner by the Authorities concerned in the proceedings before the respondent No.2. Under the said circumstances and also taking into consideration the fact that Sections 79A and 79B of the Act have been subsequently deleted, in the interest of justice, this Court is of the opinion that it would be appropriate to remand the matter back to second respondent to reconsider the case of the petitioner in accordance with law by taking into consideration the fact of repeal of Sections 79A and 79B of the Act. Hence, the following: ORDER i. The impugned order dated 13.11.2019 No.J¯ïDgïJ¥sï.79(J)ªÀÄvÀÄÛ(©)96/2013-14 bearing passed by second respondent (vide Annexure-'E' to the writ petition) is hereby set aside; ii. The matter stands remanded back to second respondent for fresh consideration and he is hereby directed to take into consideration the - 4 - NC: 2024:KHC:24986 WP No. 14344 of 2022 repeal of Sections 79A and 79B of the Act and pass appropriate orders in accordance with law; iii. Petitioner is directed to appear before second respondent on 03.01.2025 without further notice; iv. The writ petition is disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 2 Sl No.: 6
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The matter stands remanded back to second
Which statutory provisions did this judgment involve?
Constitution of India — art. 227.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.