- 1 - NC: 2025:KHC:17020 WP No. 319 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE N.S. SANJAY GOWDA WRIT PETITION NO.319 OF 2025 (LR) BETWEEN: MR. Y.M. JUNJAIAH S/O LATE Y.M. GIRIYANNA AGED ABOUT 56 YEARS RESIDING AT YARABALLI VILLAGE HAGALAWADI HOBLI, GUBBI TALUK TUMKU DISTRICT-572222. …PETITIONER (BY SRI. AJIT P.B. ADV.,) AND: 1. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION RAMANAGARA-562159. 2. THE TAHASHILDAR MAGADI TALUK MAGADI-562120. 3. MR. P.K. JAGADISH S/O LATE P.N. KRSHNAPPA AGED ABOUT 54 YEARS RESIDING AT NO.179/1, BAZAR STREET PANATHUR, BENGALURU EAST BENGALURU-560 087. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 & R2) Digitally signed by RUPA V Location: High Court of karnataka - 2 - NC: 2025:KHC:17020 WP No. 319 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION TO QUASH THE IMPUGNED ORDER DTD. 23.01.2017 IN CASE NO. L.R.F.79A AND B (MA) 43/2013-14 ON THE FILE OF THE ASSISTANT COMMISSIONER, RAMANAGAR SUB DIVISION, RAMANAGARA (R-1) AS PER ANNX-A & 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 passed by the Assistant Commissioner for contravention of Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 ("the Act", for short) is challenged in this petition. 2. The petitioner has produced a copy of the order sheet maintained by the Assistant Commissioner. A perusal of said order sheet would indicate that there was no mention that notice was in fact served on the petitioner. In fact, the entire order sheet maintained basically indicates that the proceedings were being adjourned without providing opportunity to the - 3 - NC: 2025:KHC:17020 WP No. 319 of 2025 petitioner and ultimately, the order was passed stating that Sections 79A and 79B of the Act were contravened which required an order of vesting to be passed. It is therefore clear that the impugned order was passed in gross violation of principles of natural justice. 3. Since the order of vesting would take away the rights of the ownership of land in question, the appropriate course would be to afford one more opportunity to the petitioner. 4. In the normal course, the matter would have to be remanded to the Assistant Commissioner, since Sections 79A and 79B of the Act were omitted by virtue of an amendment to the Land Reforms Act, no useful purpose would be served by remanding the matter to the Assistant Commissioner and hence, the impugned proceedings initiated shall stand abated. - 4 - NC: 2025:KHC:17020 WP No. 319 of 2025 5. In view of the above, the revenue authorities to restore the name of the petitioner in the revenue record. 6. The writ petition is accordingly allowed. 7. In view of the disposal of the petition, pending applications, if any, stand disposed of. Sd/- (N.S. SANJAY GOWDA) JUDGE BSR/List No.: 1 Sl No.: 3