- 1 - NC: 2025:KHC:14469 WP No. 7250 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. 7250 OF 2024 (LR) BETWEEN: SAMPATH KUMAR S/O. LATE SUBRAMANI, AGED ABOUT 52 YEARS, OCC. AGRICULTURIST, R/O. ALUR, ANUPINAKATTE, GOPALA EXTENSION, SHIVAMOGGA CITY - 577 205. ...PETITIONER (BY SRI. UMESH MOOLIMANI, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB-DIVISION, SHIVAMOGGA DISTRICT-577 201. 3. THE TAHSILDAR SHIVAMOGGA TALUK, SHIVAMOGGA-577 201. ...RESPONDENTS (BY SMT. CHANDINI S., HCGP) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14469 WP No. 7250 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 12.06.2017 PASSED BY THE ASST. COMMISSIONER, SHIVAMOGGA SUB DIVISION, SHVAMOGGA IN CASE NO. LRF.79(A)(B):155/16-17 PRODUCED AS ANNX-G TO THE WP. 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 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 petitioner has 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 purchaser. Since the order of vesting would take away the rights of the ownership of land - 3 - NC: 2025:KHC:14469 WP No. 7250 of 2024 in question, the appropriate course would be to afford one more opportunity to the petitioner. 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. In view of the above, the revenue authorities to restore the name of the petitioner 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