- 1 - NC: 2025:KHC:11359 WP No. 2886 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 2886 OF 2020 (KLR-RES) BETWEEN: SMT. ELIZA SINCE DEAD BY LRs., 1(a) MR.STEPHAN.M.S. SON OF SEBASTIAN, AGED ABOUT 60 YEARS, R/O CHERALA SRIMANGALA (CHETTALI) VILLAGE, SOMWARPET TALUK, KODAGU DISTRICT-571 236. 1(b) MRS.ANNAMMA.M.S. DAUGHTER OF STEPHAN AND ELIZA, WIFE OF MAXIM RODRIGUES, AGED ABOUT 36 EYARS, R/AT KOLLAGANA HOUSE, BELA ULLAODY POST, KASARGOD KERALA 671321. 1(c) MRS.VICTORIA M.S. DAUGHTER OF STEPHAN AND ELIZA WIFE OF NAVEEN D SOUZA, AGED ABOUT 35 YEARS, R/AT GARAGANDOOR, B.KUMBUR POST, KODAGU-571251. 1(d) MR.JANET M.S. SON OF STEPHAN AND ELIZA, AGED ABOUT 35 YEARS, R/O CHERALASRIMANGALA, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11359 WP No. 2886 of 2020 (CHETTALI) VILLAGE, SOMWARPET TALUK, KODAGU DISTRICT-57123. (CAUSE TITLE AMENDED VIDE COURT ORDER DATED:9-2-23) …PETITIONERS (BY SMT. SANDHYA JAMADAGNI., ADVOCATE FOR LRs., OF DECEASED PETITIONER) AND: 1. THE ASSISTANT COMMISSIONER MADIKERI SUB DIVISION, MADIKERI DISTRICT, KODAGU 571201. 2. THE TAHASILDAR SOMWARPET TALUK, KODAGU DISTRICT 571236 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER/JUDGMENT PASSED BY THE TRIBUNAL IN APPEAL NO.780 OF 2014 DATED 08.02.2019 IS HEREBY PRODUCED AS ANNX-A AND ALSO THE ORDER PASSED BY THE R-1 DATED 12.06.2012 ANNEXURE-B, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:11359 WP No. 2886 of 2020 ORAL ORDER 1. The proceedings were initiated against the petitioner by the Assistant Commissioner on the ground that she had contravened the provisions under Section 79A and B of the Karnataka Land Reforms Act, 1961 (ACT) and had purchased agricultural land. 2. The petitioner submits that though she had entered appearance, she could not subsequently enter appearance as she had been bed-ridden and in her absence an order was passed on 12.06.2012 by the Assistant Commissioner ordering the land to be vested. 3. The petitioner being aggrieved by the said order preferred an appeal to the Karnataka Appellate Tribunal (KAT) and the KAT has also dismissed the appeal. 4. A perusal of the order of the Assistant Commissioner would indicate that the Assistant Commissioner has - 4 - NC: 2025:KHC:11359 WP No. 2886 of 2020 passed an order without affording an opportunity of filing objections to the petitioner. This order has, however, been confirmed by the KAT. 5. Since the issue involved is one of vesting of the land, obviously the person who would be affected by the order requires an opportunity of being heard in the matter. Consequently, the order passed by the Assistant Commissioner and the KAT would not be sustainable. 6. In the normal course, the orders impugned would have been set aside and the matter would be remanded to the Deputy Commissioner for consideration of the proceedings afresh. 7. However, since the pendency in this Writ Petition Section 79A and B of the Act were omitted and all the proceedings were ordered to be abated, no useful purpose would be served by remanding the matter and it is hereby held that the proceedings initiated - 5 - NC: 2025:KHC:11359 WP No. 2886 of 2020 against the petitioner in violation of Section 79A and B of the Act shall stand abated. This Writ Petition is, accordingly, allowed. 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 34