- 1 - NC: 2025:KHC:15594 WP No. 9336 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 9336 OF 2025 (LR) BETWEEN: 1. SRI THIMMARAIEGOWDA AGED ABOUT 72 YEARS, S/O KARIGOWDA, R/AT M.B VILLAGE, DHAKLE, MANDYA (BEVUR MANDYA), MALUR HOBLI, CHANNAPATNA TALUK RAMANAGARA DISTRICT-562160. …PETITIONER (BY SRI. MANOJ ARADHYA., ADVOCATE FOR SRI. SHANKAR H S., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, DR. B.R AMBEDKAR VEEDHI BENGALURU-560001. 2. THE ASSISTANT COMISSIONER RAMANAGARA SUB DIVISION, RAMANAGARA-562160. 3. THE TAHSILDAR CHANNAPATNA TALUK, CHANNAPATNA, RAMANAGARA DISTRICT-562160. …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15594 WP No. 9336 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE OF THE IMPUGNED ORDER BEARING NO. LRF(CHA) 79 (A)(B)/255/2008-09 DTD 13.11.2013 PASSED BY THE R-2 PRODUCED AT ANNX-A, 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 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 there was no mention that notice was, in fact, served on the petitioner. In fact, the entire order sheet maintained basically indicates that the proceedings were being adjourned without providing opportunity to the - 3 - NC: 2025:KHC:15594 WP No. 9336 of 2025 petitioner and ultimately, the order was passed stating that Sections 79A and 79B of the Act were contravened 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 Karnataka 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. - 4 - NC: 2025:KHC:15594 WP No. 9336 of 2025 5. In view of the above, the revenue authorities to restore the name of the petitioner in the revenue records. This Writ Petition is, accordingly, allowed. 6. In view of the disposal of the petition, pending applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 27