- 1 - NC: 2025:KHC:14299 WP No. 8479 of 2023 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 2023 (LR) BETWEEN: 1. SRI. S. VIJAYAKUMAR, S/O SREERAM, AGED ABOUT 64 YEARS NO.229/1, OIL MILL ROAD, SAIT PALYA, BANGALORE-84. …PETITIONER (BY SRI. VISWANATH SABARAD, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY THE TAHSILDAR, RAMANAGARA TALUK, RAMANAGARA-244 715. 2. THE ASSISTANT COMMISSIONER, RAMANAGARA SUB-DIVISION, RAMANAGARA-244 715. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.28.11.2008 IN LRF(79) 277/2006-07 PASSED BY THE HONBLE AUTHORITY (R2 HEREIN) PRODUCED AS ANNX-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN "'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14299 WP No. 8479 of 2023 ORAL ORDER 1. An order of vesting passed by the Assistant Commissioner for contravention of Section 79A & B of the Land Reforms Act ("the Act", for short) is challenged in this petition. 2. The Assistant Commissioner proceeded to pass the impugned order on the ground that the petitioner has not produced any relevant documents despite service of notice. In essence, the impugned order passed was without hearing or without considering the claims of the purchaser. 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. 3. In the normal course, the matter would have to be remanded to the Assistant Commissioner, since Sections 79A & B 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 - 3 - NC: 2025:KHC:14299 WP No. 8479 of 2023 the Assistant Commissioner and hence, the impugned proceedings initiated shall stand abated. 4. In view of the above, the revenue authorities to restore the name of the petitioner in the revenue record. 5. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 90