- 1 - NC: 2025:KHC:13062 WP No. 3365 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. 3365 OF 2025 (LR) BETWEEN: 1. SRI 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. N.S.SHESHADRI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, M S BUILDING, DR B R AMBEDKAR VEEDI, BENGALURU-560001 2. THE ASST. COMMISSIONER CHIKKABALLAPURA SUB-DIVISION, CHIKKABALLAPURA-562101 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS AND TO QUASH THE IMPUGNED ORDER DATED 02.12.2015 IN NO. LRF/79A/79B/C.R.148/2007-18 PASSED BY THE ASSISTANT COMMISSIONER / R-2 AS FOUND ANNEXURE- A IN RESPECT TO SCHEDULE PROPERTY AND TO RESTORE THE REVENUE ENTRIES TO THE NAME OF THE PETITIONER IN Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13062 WP No. 3365 of 2025 RESPECT OF THE SCHEDULE PROPERTY AS PER SALE DEED DATED 03.10.2006 REGISTERED ON 06.10.2006 AS FOUND AT ANNEXURE -B, 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 2007 and through out the proceedings, the petitioner had no notice of the proceedings and without hearing 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 - NC: 2025:KHC:13062 WP No. 3365 of 2025 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 impugned order and the order-sheet maintained by the Assistant Commissioner. 5. A perusal of the entire order-sheet maintained basically indicates that from 2007 till 2015, on each date of hearing, the proceedings were being adjourned due to Presiding Officer was on other duties, except on a few hearings viz., on 11.02.2008, 23.05.08, 21.12.09, 13.09.13 and 24.01.14, on which dates also, it was noted that either both parties were absent or the petitioner was absent. However, the entire order-sheet would also indicate that there was no - 4 - NC: 2025:KHC:13062 WP No. 3365 of 2025 mention of notices being ordered or that notices were in fact duly served on the petitioner. 6. Interestingly, in the impugned order, the Assistant Commissioner has stated that the proceedings were finally adjourned to 25.07.2015 for production of documents by the petitioner. However, the copy of the order-sheet does not reflect the said order being passed and case adjourned to 25.07.2015. 7. In fact, on 15.05.2015, it was noted in the order-sheet that the Presiding Officer was on other duties and hence, the case was adjourned to 02.12.2015, on which date, the order impugned herein was passed stating that the petitioner had not produced any documents and that Sections 79A and 79B of the Act were contravened which required an order of vesting to be passed. 8. A perusal of the order of the Assistant Commissioner would indicate that the Assistant Commissioner has - 5 - NC: 2025:KHC:13062 WP No. 3365 of 2025 passed an order without affording an opportunity of filing objections to the petitioner. 9. 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. 10. 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. 11. 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 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. - 6 - NC: 2025:KHC:13062 WP No. 3365 of 2025 pending as on the date of promulgation of the Amendment Act pertaining to Sections 79A, 79B and 79C would stand abated. 12. 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. 13. The writ petition is accordingly allowed. 14. 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.: 6 2 The Karnataka Land Reforms (Second Amendment) Act, 2020