- 1 - NC: 2025:KHC:14028 WP No. 8479 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 8479 OF 2025 (LR) BETWEEN: MRS. DEVAKI SHEDTHI, AGED ABOUT 75 YEARS, W/O. LATE DR. TAJA PRAKASH SHETTY, C/O. AT DURGA CLINIC, THIRTHAHALLI - 577 432, PRESENTLY RESIDINT AT NO.405, ROYAL PALM, KODIALGUTHU, OPP. VISHAL NURSING HOME, E MANGALURU - 575 002. …PETITIONER (BY SRI. VIVEK S. REDDY, SR. COUNSEL FOR SRI. SHOBHITH N. SHETTY., ADV.) AND: 1. THE AUTHORISED OFFICER CUM THE ASSISTANT COMMISSIONER, KUNDAPUR SUB DIVISION, KUNDAPUR - 576 201. 2. SRI. MANJUNATHAIAH, S/O & LR OF LATE S. LAKSHMINARAYANAIH, MAJOR, R/AT. GULVADY VILLAGE, SOUKURU POST, KUNDAPUR TALUK, UDUPI DISTRICT-576101. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 5.7.2022 PASSED BY THE R-1 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14028 WP No. 8479 of 2025 AUTHORIZED OFFICER CUM ASST COMMISSIONER KUNDAPUR SUB DIVISION KUNDAPURA IN LRF 7A 3643/98-99 AT ANNX-B AND ORDER PASSED IN APPEAL NO. 333/2022 (REVENUE) BY THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU AT ANNX-A BY THE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION AND 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. The impugned order dated 05.07.2022 passed by respondent No.1 - Authorised Officer cum Assistant Commissioner is granted under Section 77/7A of the Karnataka Land Reforms Act, 1961. 2. This order has been challenged by the landlady before the Karnataka Appellate Tribunal (KAT) and the KAT has come to the conclusion that the impugned order passed by the Assistant Commissioner was not after an appropriate enquiry and has proceeded to remand the matter. 3. The Tribunal has come to the conclusion that the order of the Assistant Commissioner was passed - 3 - NC: 2025:KHC:14028 WP No. 8479 of 2025 without dwelling upon the facts of the case and was passed only upon the GENI CHIT and, therefore, remanded the matter to the Assistant Commissioner for consideration afresh. 4. Being aggrieved by this order of remand, the landlady has filed this Writ Petition. 5. Learned Senior Counsel appearing for the landlady contends that the requirement of there being some document indicating vesting in the State is absolutely absent in the present case and, nevertheless, the KAT has proceeded to remand the matter to the Assistant Commissioner. 6. In my view, the KAT was justified in passing the impugned order on the ground that the enquiry undertaken by the Assistant Commissioner was not satisfactory. It would always be open for the petitioner to putforth the contention that there is no vesting, as required in law and as enunciated by a - 4 - NC: 2025:KHC:14028 WP No. 8479 of 2025 decision of the Full Bench and the Assistant Commissioner would, therefore, have to necessarily conduct this aspect into consideration before considering the application of tenant. 7. I am, therefore, of the view that there is no merit in the Writ Petition and the Writ Petition is dismissed, subject to the observation made above. 8. The Assistant Commissioner shall consider and dispose of the application within a period of six months from the date of receipt of a copy of this order 9. 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.: 16