- 1 - NC: 2025:KHC:17879 WP No. 4744 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4744 OF 2025 (LR) BETWEEN: SRI. P.L. NARASIMHA PRASAD S/O PASUMARTHI VEERA RAGHAVULU AGED ABOUT 70 YEARS R/A H.NO.4-73, INDUSTRIAL ESTATE AMBICA AGARBATTI FACTORY VATLURU INDUSTRIAL ESTATE PEDAPADU MANDAL, WEST GODAVARI ANDRA PRADESH-534007. …PETITIONER (BY SRI. VIJAYA KUMAR .K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-560001. REP. BY ITS PRINCIPAL SECRETARY 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA, PIN -561203. 3. THE TAHSILDAR NELAMANGALA TALUK NELAMANGALA, PIN -562123. …RESPONDENTS (BY SMT. CHANDINI .S, HCGP) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17879 WP No. 4744 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE ORDER DATED 31.08.2018, PASSED BY THE 2ND RESPONDENT IN NO.LRF.SR(NE)102/2011-12 (ANNEXURE-A), HOLDING THE SAME AS ILLEGAL, AND ALLOW THE WRIT PETITION FILED BY THE PETITIONER AND CONSEQUENTLY DIRECT THE RESPONDENT NO.2 TO TRANSFER THE KATHA IN THE NAME OF THE PETITIONER IN RESPECT OF THE LAND IN SY.NO.16/2, MEASURING 1 ACRE 19 GUNTAS AND 2 ACRES 24 GUNTAS OF KHARAB, SITUATED AT HONSANDRA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘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 petitioner 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 petitioner. In fact, the entire order sheet maintained basically indicates that the proceedings were being - 3 - NC: 2025:KHC:17879 WP No. 4744 of 2025 adjourned due to unavailability of the Presiding Officer and ultimately, the order was passed stating that Sections 79A and 79B of the Act were contravened which required an order of vesting 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. - 4 - NC: 2025:KHC:17879 WP No. 4744 of 2025 5. In view of the above, the revenue authorities to restore the name of the petitioner in the revenue record. 6. The writ petition is accordingly allowed. 7. 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.: 1 Sl No.: 121