- 1 - NC: 2025:KHC:13061 WP No. 798 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 798 OF 2025 (LR) BETWEEN: 1. SRI. SYED MOHAMMED YAKUB S/O. LATE. SYED GHOUSE, AGED ABOUT 61 YEARS, RESIDING AT NO.1414, WARD NO.38, KABIR ROAD, 4TH CROSS, MANDI MOHALLA, MYSURU- 570 001. …PETITIONER (BY SRI. SRINIVASA D C., ADVOCATE) AND: 1. STATE OF KARNATAKA BY IT PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU- 560 001. 2. THE ASSISTANT COMMISSIONER, HUNSURU SUB-DIVISION, OFFICE OF THE ASSISTANT COMMISSIONER, HUNSURU TOWN AND TALUK, MYSURU DISTRICT- 571 105. 3. THE TAHASILDAR, MINI VIDHANA SOUDHA, H.D. KOTE TOWN AND TALUK, MYSURU DISTRICT- 571 114. …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13061 WP No. 798 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE 2ND RESPONDENT ASSISTANT COMMISSIONER, HUNSURU, IN NO.LRF-12/10-11 DATED- 07-02-2011 IN VIDE ANNEXURE- A AND DECLARING THE SALE TRANSACTION OF THE PETITIONER THROUGH TWO REGISTERED SALE DEEDS DATED- 21-10-2009, VIDE ANNEXURE-C AND D ARE VOID DUE TO VIOLATION OF SECTION 79 A AND 79 B OF THE KARNATAKA LAND REFORMS ACT, 1961, FURTHER DIRECTION TO THE TAHASILDAR, H.D. KOTE, TO FORFEIT THE LAND IN FAVOUR OF THE STATE GOVERNMENT, VIDE ANNEXURE-A AS ILLEGAL AND UNCONSTITUTIONAL, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. An order of vesting made under Section 83 of the Karnataka Land Reforms Act, 1961 (for short, 'the Act') for alleged contravention of Sections 79A and 79B of the Act, is challenged before this Court by way of this writ petition. 2. The learned counsel appearing for the petitioner points out that the proceedings were initiated in the year 2010 and through out the proceedings, the petitioner had no notice of the proceedings and without hearing - 3 - NC: 2025:KHC:13061 WP No. 798 of 2025 the petitioner, the impugned order has been passed. He therefore submitted that the impugned order is absolutely illegal, since the petitioner was not even heard and hence, the same is liable to be quashed. 3. The learned Additional Government Advocate points out from the order sheet and the impugned order that notice was indeed issued to the petitioner and in spite of notice having been served on the petitioner, he has neither appeared nor produced supporting documents before the Assistant Commissioner. 4. The petitioner has produced a copy of the order-sheet maintained by the Assistant Commissioner. 5. A perusal of the entire order-sheet indicates that the proceedings were held for the period from 13.12.2010 to 07.02.2011 i.e., for a period of two months; and out of five hearings, the proceedings were adjourned on three occasions due to the Presiding Officer was on other duties viz., on 13.12.2010 and 16.12.2010 and 24.01.2011. On 10.01.2011, it was noted that none - 4 - NC: 2025:KHC:13061 WP No. 798 of 2025 were present and that notice was served. Ultimately, on 31.01.2011, the case was simply posted for orders to 07.02.2011, on which date the impugned order was pronounced. 6. Thus, the entire order-sheet maintained basically indicates that the proceedings were being adjourned due to either unavailability of the Presiding Officer or the parties and ultimately, on 07.02.2011, the order impugned herein was passed stating that Sections 79A and 79B of the Act were contravened which required an order of vesting to be passed. 7. Since the issue involved is one of vesting of the land, obviously the person who would be affected by the order requires sufficient opportunity of being heard in the matter. 8. It is therefore clear that the impugned order was passed in gross violation of the principles of natural justice, as such, the impugned order cannot be sustained and the same is accordingly quashed. - 5 - NC: 2025:KHC:13061 WP No. 798 of 2025 9. In the normal circumstances, the matter would have to be remitted to the Assistant Commissioner for fresh consideration. However, in the year 2020, the Karnataka Land Reforms Act, 19611 was amended and Sections 79A, 79B and 79C thereof were omitted; the said amendment also made it clear that all cases pending as on the date of promulgation of the Amendment Act pertaining to Sections 79A, 79B and 79C would stand abated. 10. Since the matter, on remand now, would revive the proceedings, the same would stand abated by virtue of Section 12(2) of the Amendment Act2. Consequently, it is held that the impugned proceedings against the petitioner shall stand abated. 11. The writ petition is accordingly allowed. 1 The Karnataka Land Reforms (Second Amendment) Act, 2020 [Karnataka Act No.56 of 2020] Section 12. Savings:- (1) x x x (2) All cases pending before any Court, tribunal or other authority competent under the provisions of the Principal Act on the date of promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020) pertaining to Sections 79A, 79B and 79C shall hereby stand abated. 2 The Karnataka Land Reforms (Second Amendment) Act, 2020 - 6 - NC: 2025:KHC:13061 WP No. 798 of 2025 12. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE RK List No.: 2 Sl No.: 5