- 1 - NC: 2025:KHC:13869 WP No. 4797 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4797 OF 2024 (LR) BETWEEN: 1. FAYAZ PASHA S/O MOHAMMED GOUSE @ AMEERJAN S, AGED ABOUT 57 YEARS, 2. EJAZ PASHA S/O MOHAMMED GOUSE @ AMEERJAN S, AGED ABOUT 54 YEARS, BOTH ARE R/AT NO.2244, BASAVESHWARA ROAD, 5TH CROSS, K.R.MOHALLA, MYSURU-570004. …PETITIONERS (BY SRI. N.RAMACHANDRA., ADVOCATE) AND: 1. ASSISTANT COMMISSIONER KOLLEGALA SUB DIVISION, KOLLEGALA. 2. TAHASILDAR TALUK OFFICE, CHAMARAJANAGAR TALUK, CHAMARAJANAGAR DISTRICT-571405. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED R1 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13869 WP No. 4797 of 2024 INPROCEEDINGS NO. LRF(79A-79B) CR-404/2015-16 DATED 18.12.2018 VIDE ANNEXURE-E. 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 passed by the Assistant Commissioner for contravention of Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 ("the Act", for short) is challenged in this petition. 2. The petitioners has produced a copy of the order sheet maintained by the Assistant Commissioner. A perusal of said order sheet would indicate that there was no mention that notice was in fact served on the petitioners. In fact, the entire order sheet maintained basically indicates that the proceedings were being adjourned without providing opportunity to the petitioners and ultimately, the order was passed stating that Sections 79A and 79B of the Act were contravened which required an order of vesting - 3 - NC: 2025:KHC:13869 WP No. 4797 of 2024 to be passed. It is therefore clear that the impugned order was passed in gross violation of principles of natural justice. 3. 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. 4. In the normal course, the matter would have to be remanded to the Assistant Commissioner, since Sections 79A and 79B 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. In view of the above, the revenue authorities to restore the name of the petitioner in the revenue record. - 4 - NC: 2025:KHC:13869 WP No. 4797 of 2024 6. The writ petition is accordingly allowed. 7. In view of disposal of the petition, pending applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 2