- 1 - NC: 2025:KHC:12423 WP No. 7996 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 7996 OF 2025 (LR) BETWEEN: 1. SMT K BHAGYALAKSHMI W/O K RAJU, AGED ABOUT 52 YEARS, R/AT -NO 189/190, 3RD CROSS, NEAR GANESHA TEMPLE, GANDHIPURAM, WHITE FILED, BANGALORE NORTH TALUK BANGALORE 560066 …PETITIONER (BY SRI. RAVI PRAKASH V., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION, BANGALORE RURAL DISTRICT-561203. 2. THE TAHSILDAR, HOSKOTE TALUK, HOSKOTE-560067. …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS WITH RESPECT TO PROCEEDINGS BEARING LRF.SR (HOS) 503/2011-12 AND QUASH THE IMPUGNED ORDER PASSED BY THE R1 DATED 31/10/2018 IN PROCEEDINGS BEARING NO. LRF.SR(HOS) 503/2011-12 VIDE ANNX-C TO THSI WP CONSIDERING HE FACTS AND CIRCUMSTANCES OF THE CASE AND CONSEQUENTLY THE FACTS AND CIRCUMSTANCES OF THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12423 WP No. 7996 of 2025 CASE AND CONSEQUENTLY ALLOW THE WP HOLDING THAT THE PETITIONER HAS PURCHASED THE LAND IN ACCORDANCE WITH LAW, 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 is passed under Section 83 of the Karnataka Land Reforms Act, 1961 (hereinafter for short referred to as the Act) on the ground that the petitioner had contravened Section 79A and 79B of the Act is called in question in this writ petition. 2. A perusal of the order sheet, which is produced at Annexure - B would indicate that the proceedings were initiated in the year 2012 and, the matter was continuously adjourned due to the non-availability of the Presiding Officer. 3. The matter was called on several occasions and, was adjourned to 11.09.2018 due to the absence of the parties and on 11.09.2018, the Presiding Officer heard both the parties and, proceeded to reserve the - 3 - NC: 2025:KHC:12423 WP No. 7996 of 2025 matter for orders and has ultimately passed an order on 31.10.2018. 4. The impugned order, which is produced at Annexure - C indicates that though the petitioner had appeared through the counsel, no documents were furnished and, hence, the Assistant Commissioner was constrained to pass an order of vesting. 5. It is therefore clear that the impugned order is passed in violation of principles of natural justice and, will have to be set aside and, is accordingly set aside. 6. In the normal circumstances, the order would have to be set aside and, the matter would have to be remanded to the Assistant Commissioner for fresh consideration, having regard to the fact that Sections 79A & 79B of the Act has been omitted from the statute and the proceedings are ordered to be abated, no useful purpose would be served by - 4 - NC: 2025:KHC:12423 WP No. 7996 of 2025 remanding the matter to the Assistant Commissioner. 7. Consequently, this writ petition is allowed and the proceedings initiated against the petitioner for contravention of Section 79A and 79B shall stand abated. 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 27