- 1 - NC: 2025:KHC:17463 WP No. 3977 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3977 OF 2025 (LR) BETWEEN: 1. SMT. CHARIMALLA SUREKHA B N AGED ABOUT 39 YEARS, D/O SRI SANGAYYA PAVATHOORI, W/O SRI CHARIMANI MADHUSUDHAN RAO, FLAT NO.B3, 1ST FLOOR, ANDHRA APARTMENT 2ND MAIN 7TH CROSS, DODDANAKUNDI BANGALORE- 560037 …PETITIONER (BY SRI. PRABHAKARA L.SHETTY., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER KOLLEGALA SUB DIVISION KOLLEGAL CHAMARAJANAGARA DISTRICT-571440. 2. THE TAHASIDLAR HANUR TALUK, CHAMARAJANAGARA DISTRICT-471440. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN LRF NO.288 OF 2007-08 INCLUDING THE ORDER DATED 12.03.2008 FROM THE OFFICE OF THE FIRST RESPONDENT AND SETTING ASIDE THE ORDER DATED 12.03.2008 PASSED BY THE FIRST RESPONDENT IN LRF NO.288 OF 2007-08 VIDE ANNEXURE-A, WHEREIN ORDERED Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17463 WP No. 3977 of 2025 TO RESUME THE SCHEDULE PROPERTY TO GOVERNMENT AS THE PETITIONER SAID HAVE BEEN VIOLATED THE PROVISION OF SECTION 79A AND B OF THE LAND REFORMS ACT, IN PURCHASING THE SCHEDULE PROPERTY, 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 Section 79A and 79B of the Karnataka Land Reforms Act, 1961 ("the Act", for short) is challenged in this petition. 2. The Assistant Commissioner proceeded to pass the impugned order on the ground that the petitioner has not produced any relevant documents despite service of notice. In essence, the impugned order passed was without hearing or without considering the claims of the purchaser. 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. - 3 - NC: 2025:KHC:17463 WP No. 3977 of 2025 3. In the normal course, the matter would have to be remanded to the Assistant Commissioner, since Sections 79A & B 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. In view of the above, the revenue authorities to restore the name of the petitioner in the revenue record. 5. The writ petition is accordingly allowed. 6. In view of the disposal of the petition, pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 15