- 1 - NC: 2025:KHC:11914 WP No. 6857 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6857 OF 2025 (LR) BETWEEN: 1. A B SIDDAIAH S/O ASPATRE BORAIAG AGED ABOUT 69 YEARS OCC AGRICUTLURIST R/AT ARAKERE HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT 571415 (SENIRO CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. S V PRAKASH., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTEDBYITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING DR. B R ABEDKAR VEEDHI BENGLAURU 560 001 2. THE ASSISTANT COMMISSIONER PANDAAPURA SUB DIVISION MANDYA DISTRICT 571434 3. THE TAHASILDAR SRIRANGAPATNA TALUK MANDYA DISTRICT 571438 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11914 WP No. 6857 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 21.11.2023 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN MISC. PETITION NO.28/2021 THEREBY REFUSING TO RESTORE THE APPEAL IN APPEAL NO.823/2019 PRODUCED AS PER ANNEXURE-F AND THE ORDER DATED 29.09.2021 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN APPEAL NO.823/2019 PRODUCED AS PER ANNEXURE-E DISMISSING THE APPEAL FOR NON-PROSECUTION AND ALSO THE ORDER DATED 30.07.2018 PASSED BY THE SECOND RESPONDENT IN PROCEEDINGS NO.BHU.SU.PARI(SRI) 195/2016-17 WHEREBY AND WHERE UNDER AN AGRICULTURAL LAND MEASURING 0- 25 GUNTAS COMPRISED IN SY. NO.19/6 OF ARAKERE VILLAGE, ARAKEREHOBL, SRIRAGAPATTANA TALUK, MANDYA DISTRICT WAS FORFEITED TO STATE GOVERNMENT FOR ALLEGED VIOLATION OF SECTIONS 79-A AND 79-B OF KARNATAKA LAND REFORMS ACT, 1961 PRODUCED AS PER ANNEXURE-D TO THE WRIT PETITION, 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 was made by the Assistant Commissioner on the premise that there was contravention of Sections 79A and B of the Karnataka Land Reforms Act, 1961 (Act). This order of Assistant Commissioner passed on 30.07.2018 - 3 - NC: 2025:KHC:11914 WP No. 6857 of 2025 was challenged by filing an appeal to the Karnataka Appellate Tribunal (KAT) in Appeal No.823/2019. 2. However, this appeal was dismissed for default on 29.09.2021, since there was no representation on behalf of the appellant. 3. The petitioner, thereafter, sought for restoration of the petition by filing a Miscellaneous Petition before the Tribunal. 4. The Tribunal has, however, rejected the said petition and therefore, the petitioner is challenging the said order before this Court. 5. Since the appeal before the Tribunal was dismissed for non-prosecution and not on merits, the Tribunal ought to have restored the case and considered the appeal on merits. However, the Tribunal has proceeded to reject the said Miscellaneous Petition. I am, therefore, of the view that the order passed by the KAT rejecting the petition for restoration and also - 4 - NC: 2025:KHC:11914 WP No. 6857 of 2025 dismissing the appeal for non-prosecution cannot be sustained and the same are accordingly quashed. 6. The matter, in the normal circumstance, would have been remitted to the Tribunal for consideration of the appeal on merits, but, since the statute has been amended Section 79A and B are omitted and the statute also provides for abatement of the proceedings, which have been initiated and which are pending as on the date of the ordinance. I am, therefore, of the view that no useful purpose would be served by remanding the matter and consequently, it is held that the proceedings initiated against the petitioner in contravention of Section 79A and B shall stand abated. The Writ Petition is, therefore, allowed. 7. As a consequence of this order, the entry shall stand restored in the name of the petitioner. - 5 - NC: 2025:KHC:11914 WP No. 6857 of 2025 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 33