- 1 - NC: 2025:KHC:15397 WP No. 8984 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 8984 OF 2024 (LR) BETWEEN: 1. SRI MUHAMMED KOYA P P S/O ALI P P, AGED ABOUT 53 YEARS, RESIDING AT PUZHAKKAL PULIKKAL HOUSE, AZHINHILAM, VAZHAYUR, MALAPPURAM, AZHINIJILAM, KERALA 673632. …PETITIONER (BY SRI. DEEPAK D C., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS REVENUE SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU 560001. 2. THE ASSISTANT COMMISSIONER MANDYA SUB DIVISION, MANDYA - 574 101. 3. THE TAHSILDAR MANDYA TALUK, MANDYA DISTRICT - 574101. …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD. 10.07.2009 PASSED BY R-2 IN L.R.F.39/2008-09 WITH RESPECT OF THE LAND BEARING SURVEY NO. 151/5 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15397 WP No. 8984 of 2024 MEASURING TO AN EXTENT OF 0-17 GUNTAS SITUATED AT YELECHAKANAHALLI VILLAGE, KOTHATHI HOBLI, MANDYA DISTRICT (VIDE ANNX-A), ETC. THIS PETITION, COMING ON FOR ORDERS, 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 Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 ("the Act", for short) is challenged in this petition. 2. The petitioner has produced a copy of the order sheet maintained by the Assistant Commissioner. A perusal of said order sheet would indicate that though the notice was served on the petitioner. In fact, the entire order sheet maintained basically indicates that the proceedings were being adjourned without providing opportunity to the petitioner and ultimately, the order was passed stating that Sections 79A and 79B of the Act were contravened - 3 - NC: 2025:KHC:15397 WP No. 8984 of 2024 which required an order of vesting to be passed. It is therefore clear that the impugned order was passed in gross violation of principles of natural justice. 3. Since the order of vesting would take away the rights of the ownership of land in question, the appropriate course would be to afford one more opportunity to the petitioner. 4. In the normal course, the matter would have to be remanded to the Assistant Commissioner, since Sections 79A and 79B 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. 5. In view of the above, the revenue authorities to restore the name of the petitioner in the revenue record. 6. The writ petition is accordingly allowed. - 4 - NC: 2025:KHC:15397 WP No. 8984 of 2024 7. In view of the disposal of the petition, pending applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 2 Sl No.: 1