- 1 - NC: 2025:KHC:13261 WP No. 7602 of 2025 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. 7602 OF 2025 (LR) BETWEEN: 1. A S SIDDARAJU S/O A.S.SIDDALAH AGED ABOUT 46 YEARS AGRICULTURIST R/O ARAKERE VILLAGE, ARAKERE HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT-571415.. …PETITIONER (BY SRI. S V PRAKASH., ADVOCATE) AND: 1. STATE OF KARNATAKA STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S. BUILDING DR. B.R. AMBEDKARVEEDHI, BENGALURU-560001 2. THE ASSISTANT COMMISSIONER, PANDAVAPURA SUB DIVISION MANDYA DISTRICT -571 434. 3. THE TAHASILDAR, SRIRANGAPATNA TALUK MANDYA DISTRICT -571 438. …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13261 WP No. 7602 of 2025 THE NATURE OF CERTIORARI AND QUASH THE ORDER DATED 21.11.2023 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN MISC. PETITION NO.27/2021 THEREBY REFUSING TO RESTORE THE APPEAL IN APPEAL NO.822/2019 PRODUCED AS PER ANNEXURE-G AND THE ORDER DATED 29.09.2021 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN APPEAL NO.822/2019 PRODUCED AS PER ANNEXURE-F DISMISSING THE APPEAL FOR NON-PROSECUTIONAND ALSO THE ORDER DATED 30.07.2018 PASSED BY THE SECOND RESPONDENT IN PROCEEDINGS NO.BHU.SU.PARI(SRI) 194/2016-17 WHEREBY AND WHERE UNDER AN AGRICULTURAL LAND MEASURING 0-25 GUNTAS COMPRISED IN SY. NO.19/5 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-E 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 passed by the Assistant Commissioner on the premise that there was contravention of Section 79A and B of the Karnataka Land Reforms Act, 1961 (Act). This order of Assistant Commissioner passed on 30.07.2018 was challenged by filing an appeal to the Karnataka Appellate Tribunal (KAT) in Appeal No.823/2019. - 3 - NC: 2025:KHC:13261 WP No. 7602 of 2025 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 dismissing the appeal for non-prosecution cannot be sustained and the same are accordingly quashed. - 4 - NC: 2025:KHC:13261 WP No. 7602 of 2025 6. The matter, in the normal circumstances, 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. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 20