- 1 - NC: 2025:KHC:14468 WP No. 6333 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. 6333 OF 2024 (LR) BETWEEN: SRI. N. SHANKARAPPA, SINCE DEAD BY HIS LRS. 1. SMT. S. SUMATHI W/O LATE N. SHANKARAPPA AGED ABOUT 58 YEARS 2. S. YESHWANTHA S/O LATE SHAKARAPPA, AGED ABOUT 33 YEARS 3. PRASHANTH S. D/O LATE N. SHAKARAPPA AGED ABOUT 31 YEARS ALL ARE R/AT 74, PILLEGOWDA LAYOUT RAMACHANDRAPURA, VIDYARANYAPURA BENGALURU - 560 097. ...PETITIONERS (BY SRI. G. B. MANJUNATHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14468 WP No. 6333 of 2024 REVENUE DEPARTMENT, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA, BENGALURU RURAL DISTRICT - 561 203. 3. THE TAHSILDAR DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 203. ...RESPONDENTS (BY SMT. CHANDINI S., HCGP) THIS W.P. IS FILED ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD.31.10.2018 IN CASE NO.LRF/DBP/SR/256/2012-13 PASSED BY THE R-2 i.e., THE ASST. COMMISSIONER, DODDABALLPURA SUB-DIVISION, DODDABALLAPURA, BENGALURU RURAL DISTRICT, VIDE ANNX-G AS THE SAME IS ILLEGAL AND VOID-AB-INITIO. 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 Section 79A & B - 3 - NC: 2025:KHC:14468 WP No. 6333 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:14468 WP No. 6333 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