- 1 - NC: 2025:KHC:10206 WP No. 3764 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3764 OF 2025 (LR) BETWEEN: 1. SMT J NAGASRAVANI AGED ABOUT 38 YEARS, D/O SRI J A CHOWDARY, REP BY GPA HOLDER, SRI VENKAT S REDDY, S/O LATE REDDEPPA REDDY, R/AT FLAT NO.254, GARDEN APARTMENT, VITTAL MALYA ROAD, BANGALORE-560001 …PETITIONER (BY SRI. SHESHADRI N S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, M.S BUILDING, DR B R AMBEDKAR VEEDI, BENGALURU-560001. 2. THE ASSTISTANT COMMISSIONER CHIKKABALLAPURA SUB DIVISION, CHIKKABALLAURA-562101 …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND TO QUASH THE IMPUGNED ORDER DATED 02.12.2015 IN NO.LRF/79A/79B/C.R.149/2007-08 PASSED BY THE ASST. COMMISSIONER/RESPONDENT NO.2 AS FOUND ANNEXURE-A, IN RESPECT OF THE SCHEDULE PROPERTY AND Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10206 WP No. 3764 of 2025 TO RESTORE THE REVENUE ENTRIES TO THE NAME OF THE PETITIONER IN RESPECT OF THE SCHEDULE PROPERTY AS PER SALE DEED DATED 03.10.2006, REGISTERED ON 17.10.2006 AS FOUND AT ANNEXURE-B, 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. The petition is filed challenging an order of vesting passed by the Assistant Commissioner under Section 83 of the Karnataka Land Reforms Act, 1961 (for short, 'Act') on the ground that the purchase of the land by the petitioner contravened Section 79A and B of the Act. 2. Learned counsel for the petitioner points out that though the proceedings was initiated in the year 2007, the Assistant Commissioner did not conduct the proceedings for more than 8 years and the order sheet indicates that on every date of hearing the matter was adjourned on the ground that the Presiding Officer was unavailable. He also contends - 3 - NC: 2025:KHC:10206 WP No. 3764 of 2025 that notices of the proceedings were never served on the petitioner. 3. A perusal of the order sheet does indicate that though the proceedings was initiated in the year 2007, and not even for a single day till 2015 were the proceedings conducted. 4. On 25.04.2015 the matter was adjourned to 02.12.2015 and on that date an entry is made that the petitioner was absent and had not furnished documents and, therefore, the contravention of Section 79A and B of the Act had been established. Accordingly, the Assistant Commissioner has passed an order of vesting. 5. Since the entire proceedings have been conducted without hearing the petitioner, it is obvious that the said order cannot be sustained and has to be quashed. It is, accordingly, quashed. However, since Section 79A and B are omitted, the proceedings - 4 - NC: 2025:KHC:10206 WP No. 3764 of 2025 cannot be remanded back to the Assistant Commissioner and the proceedings initiated against the petitioner shall stand automatically abated. The Writ Petition is, accordingly, allowed. 6. 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.: 30