- 1 - NC: 2025:KHC:15396 WP No. 5606 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 5606 OF 2025 (LR) BETWEEN: 1. MUDDULURI SUNITHA @ MUDDULURU SUNITHA AGED ABOUT 52 YEARS, MUDDULURA SUMITRA W/O M. SANJEEVA RAO M. SANJEEVA RAJA NO.12, DEFENCE COLONY, SAHAKARI NAGAR, BANGALORE RURAL DISTRICT-560092 2. MRS. MUNAGAPATI SUNEETHA AGED ABOUT 45 YEARS, W/O LATE MUNAGAPATI VENKATASUBBARAJU 3. R. MUNAGAPATI HARSHAVARDHAN, MAGED ABOUT 24 YEARS, D/O LATE MUNAGAPATI VENKATASUBBARAJU 4. MASTER MUNAGAPATI KOUSHIK, AGED 16 YEARS, S/O LATE LATE MUNAGAPATI VENKATASUBBARAJU No.4 IS MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN, PETITIONER No.2 SMT. MUNAGAPATI SUNEETHA ALL ARE RESIDING AT NO.5-06, MANGUPALLIE, ANANATHASAGARAM-524302 …PETITIONERS (BY SRI. MOHANA CHANDRA P., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED REVENUE DEPARTMENT, M.S. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15396 WP No. 5606 of 2025 BUILDING, BANGALORE 560001 REPRESENTED BY ITS SECRETARY 2. THE ASSISTANT COMMISSIONER, CHIKKABALLAPURA SUB-DIVISION, CHIKKABALLAPURA -562101 3. THE TASHILDAR, TALUK OFFICE, BAGEPALLI TALUK -561207 …RESPONDENTS (BY SMT. CHANDINI., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER DATED 25/07/2015 PASSED BY R2 IN ITS PROCEEDING NO. LRF. 79AB.CR.117/2007-08 FORFEITING THE LAND BEARING SY.NO.10/P6 MEASURING 6.00 ACRES IN FAVOUR OF THE GOVERNMENT AND CONSEQUENTLY DIRECTED TO TAKE THE POSSESSION OF THE LAND IN FAVOUR OF THE GOVERNMENT VIDE ANNEXURE-D, ETC THIS PETITION, COMING ON FOR PRELIMINARY 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 Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 ("the Act", for short) is challenged in this petition. 2. The petitioners have produced a copy of the order sheet maintained by the Assistant Commissioner. - 3 - NC: 2025:KHC:15396 WP No. 5606 of 2025 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 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 petitioners. 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 - 4 - NC: 2025:KHC:15396 WP No. 5606 of 2025 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 petitioners in the revenue record. 6. The writ petition is accordingly allowed. 7. In view of the disposal of the petition, pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE RK List No.: 2 Sl No.: 3