- 1 - NC: 2025:KHC:13063 WP No. 3670 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. 3670 OF 2025 (LR) BETWEEN: 1. SMT J NAGASRAVANI AGED ABOUT 38 YEASR, D/O SRI J A CHOWDARY REP BY GPA HOLDER SRI VENKAT S REDDY, S/O LATE REDDEPA REDDY RESIDING 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, CHIKKABALLAPUR - 562101 3. THE TAHSILDAR, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT-562101. …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13063 WP No. 3670 of 2025 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 12.08.2015 IN NO.LRF/79A/79B/C.R 191/2007-08 PASSED BY THE ASST. COMMISSIONER/RESPONDENT NO.2 AS FOUND ANNEXURE-A, IN RESPECT OF THE SCHEDULE PROPERTY AND 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 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 - 3 - NC: 2025:KHC:13063 WP No. 3670 of 2025 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. The learned Additional Government Advocate points out from the impugned order that notice was indeed issued to the petitioner and in spite of notice having been issued, the petitioner neither appeared nor produced supporting documents before the Assistant Commissioner. 4. The petitioner has produced copy of the order-sheet maintained by the Assistant Commissioner. 5. The entire order-sheet maintained basically indicates that the proceedings were being adjourned due to either unavailability of the Presiding Officer or the parties and ultimately, on 12.08.2015, the order impugned herein was passed stating that Sections 79A - 4 - NC: 2025:KHC:13063 WP No. 3670 of 2025 and 79B of the Act were contravened which required an order of vesting to be passed. 6. It is pertinent to state here that the impugned order is silent as to when the notice was ordered and through which mode it was served on the petitioner. Thus, the Assistant Commissioner without ascertaining as to whether the notices were in fact served on the petitioner, conducted enquiry and the sale deed obtained by the petitioner is nullified. 7. 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. 8. 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. - 5 - NC: 2025:KHC:13063 WP No. 3670 of 2025 9. 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 pending as on the date of promulgation of the Amendment Act pertaining to Sections 79A, 79B and 79C would stand abated. 10. 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. 11. The writ petition is accordingly allowed. 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. 2 The Karnataka Land Reforms (Second Amendment) Act, 2020 - 6 - NC: 2025:KHC:13063 WP No. 3670 of 2025 12. 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.: 7