- 1 - NC: 2025:KHC:13141 WP No. 3629 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. 3629 OF 2025 (LR) BETWEEN: 1. SRI MANOHAR BHARATHI S/O VASTIMAL CHHAJER AGED ABOUT 81 YEARS, R/AT #5 RAILWAY PARALLEL ROAD SHESHADRI PURAM BENGALURU-560020 SENIOR CITZEN NOT CLAIMED …PETITIONER (BY SRI. MITHUN G A., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY TO THE DEPARTMENT OF REVENUE, M. S. BUILDING, BENGALURU-560 001 2. ASSISSTANT COMMISSIONER DODDABALLAPUR SUB DIVISION, BEHIND KANDAYA BHAVANA, BENGALURU DISTRICT-560 009 3. TAHSILDAR BENGALURU RURAL, DODDABALLAPUR, BENGALURU-560 010 …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13141 WP No. 3629 of 2025 ORDER DATED 17.04.2018 PASSED BY THE RESPONDENT NO.2 IN L.R.F.S.R(DE)255/2003-24 VIDE ANNEXURE-A, 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 was passed by the Assistant Commissioner for contravention of provisions of Section 79A & B of the Land Reforms Act ("the Act", for short). 2. The learned counsel for the petitioner points out that the notice of these proceedings was issued through registered post, which was returned unserved and thereafter, it was sent through Tahsildar, which he served by affixing the copy of the same on the land in question and therefore this mode of service adopted by the authorities was illegal. Thus, he contends that the petitioner had no notice of the proceedings and without hearing him, the impugned order has been passed. - 3 - NC: 2025:KHC:13141 WP No. 3629 of 2025 3. In light of the fact that the petitioner has not been served with the copy of the notice of the proceedings, it is obvious that he had no opportunity of hearing before the Assistant Commissioner. 4. In the normal course, the matter would have to be remanded to the Assistant Commissioner. However, 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. 5. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 87 - 4 - NC: 2025:KHC:13141 WP No. 3629 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SRI MANOHAR BHARATHI VS. STATE OF KARNATAKA AND OTHERS] 10.07.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER ON *I.A.3/2025 This Court, vide Order dated 27.03.2025 disposed of the writ petition. In that view of the matter, respondent No.3 is directed to restore the entry in the mutation register in the name of the petitioner till the consideration of the claim made by the petitioner before the Assistant Commissioner. Accordingly, *I.A.3/2025 is disposed of. The above order on *I.A.3/2025 shall be read along with the order dated 27.03.2025. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 20 * corrected vide Chambers Order dated 01.09.2025.