- 1 - NC: 2025:KHC:14467 WP No. 5513 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 5513 OF 2024 (LR) BETWEEN: BASAVARAJU S/O VADDERAIAH DEAD BY LRS 1. MALLAMMA M. W/O LATE BASAVARAJU B. S. AGED ABOUT 52 YEARS, R/O NO.7537, 4TH STAGE, 2ND PHASE, VIJAYANAGARA, OPP. PAMPA SAROVARA PARK, VIJAYA NAGAR II STAGE, MYSURU - 570 017. 2. RAJASHEKAR B. B. S/O LATE BASAVARAJU B. S. AGED ABOUT 34 YEARS, R/O NO.7537, 4TH STAGE, 2ND PHASE, VIJAYANAGARA, OPP. PAMPA SAROVARA PARK, VIJAYA NAGAR II STAGE, MYSURU - 570 017. 3. SHOBHA B. B. D/O LATE BASAVARAJU W/O CHETAN B. S. R/O NO.30, ISIRI NILAYA, 4TH CROSS, BEHIND SILICON VALLY Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14467 WP No. 5513 of 2024 INTERNATIONAL SCHOOL, MHR LAYOUT, BENGALURU - 560 073. ...PETITIONERS (BY SRI. SYED AKBAR PASHA, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER HUNSUR SUB DIVISION HUNSURU, MYSURU DIST. - 571 105. 2. THE TAHSILDAR H.D.KOTE TALUK MYSURU DIST. - 571 105. ...RESPONDENTS (BY SMT. CHANDINI S., HCGP) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO PLEASE TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE 1ST RESPONDENT ASSISTANT COMMISSIONER, HUNSUR SUB DIVISION, HUNSURU IN PROCEEDINGS IN LRF NO 18/07-08 DATED:28-06-2010 WHICH IS PRODUCED AT ANNEXURE-C TO THE WRIT PETITION. THIS PETITION, COMING ON FOR FINAL HEARING, 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 Section 79A & B - 3 - NC: 2025:KHC:14467 WP No. 5513 of 2024 of the Land Reforms Act ("the Act", for short) is challenged in this petition. 2. The Assistant Commissioner proceeded to pass the impugned order on the ground that the petitioners have not produced any relevant documents despite service of notice. In essence, the impugned order passed was without hearing or without considering the claims of the purchasers. 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 petitioners. 3. In the normal course, the matter would have to be remanded to the Assistant Commissioner, 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. - 4 - NC: 2025:KHC:14467 WP No. 5513 of 2024 4. In view of the above, the revenue authorities to restore the name of the petitioners in the revenue record. 5. The writ petition is accordingly disposed of. SD/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 0