- 1 - NC: 2025:KHC:14472 WP No. 10188 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 10188 OF 2024 (LR) BETWEEN: SRI. H. S. SHANTHAKUMAR S/O H. B. SIDDEGOWDA, AGRICULTURIST, AGED ABOUT 59 YEARS, R/AT ATTIGERE VILLAGE, BANKAL HOBLI, MUDIGERE TALUK - 577 550. CHIKKAGAMAGLURU DISTRICT. ALSO R/AT NO.574, 1ST CROSS, SUROBI LAYOUT, JAKKUR ROAD, YELAHANKA, BENGALURU 560 064. ...PETITIONER (BY SRI. PRAKASH T. HEBBAR, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER CHIKKAMAGALURU SUB - DIVISION, CHIKKAMAGALURU DISTRICT - 577 101. 2. THE TAH SILDAR CHIKKAMAGALURU TALUK, TALUK OFFICE COMPOUND, CHIKKAMAGALURU 577 101. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14472 WP No. 10188 of 2024 3. STATE OF KARNATAKA DEPARTMENT OF REVENUE, 5tH FLOOR M.S BUILDING, DR. B. R. AMBEDKAR VEEDHI, BANGALORE 560 001. REP BY ITS PRINCIPAL SECRETARY ...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 ENTIRE RECORDS FORM THE FILE OF THE R1 - ASSISTANT COMMISSIONER IN CASE NO.RRT.LRF.CR.43/2019-20, PERUSE THE SAME HEAR THE PARTIES AND FURTHER BE PLEASED TO GRANT THE FOLLOWING RELIEFS IN FAVOUR OF THE PETITIONER AS AGAINST THE RESPONDENTS AND ETC. 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 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. - 3 - NC: 2025:KHC:14472 WP No. 10188 of 2024 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 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. - 4 - NC: 2025:KHC:14472 WP No. 10188 of 2024 5. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 0