- 1 - NC: 2025:KHC:14570 WP No. 9112 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 9112 OF 2025 (LR) BETWEEN: SRI. OM PRAKASH SON OF APPU RAM, AGED ABOUT 50 YEARS, RESIDING AT NO. 118, VISHNU TEXTILES, RAJGOPALA NAGARA MAIN ROAD, PENNYA 3RD STAGE, BANGALORE NORTH, PIN CODE-560 058 …PETITIONER (BY SRI. NARENDRA BABU H.L., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE-560 001. 2. ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISION, BANGALORE, PIN CODE - 560 001. 3. THE TAHSILDAR YALAHANKA TALUK, YALAHANKA, BANGALORE, PIN CODE - 560 064 …RESPONDENTS (BY SMT. CHANDINI S., HCGP FOR R1 TO R3) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14570 WP No. 9112 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 16.12.2009, PASSED BY THE 2ND RESPONDENT, IN CASE NO. L.R.F. (83)BAN71/2008-09, AS PER ANNEXURE-B 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. An order of vesting passed by the Assistant Commissioner for contravention of Section 79A & 79B of the Karnataka Land Reforms Act, 1961 ("the Act", for short) is challenged in this petition. 2. The petitioner has produced the order sheet maintained by the Assistant Commissioner. A perusal of said order sheet would indicate that the notice served on the petitioner was, in fact, returned. In fact, the entire order sheet maintained basically indicates that the proceedings were being adjourned due to unavailability of the Presiding Officer and - 3 - NC: 2025:KHC:14570 WP No. 9112 of 2025 ultimately, the order was passed stating that Section 79A & 79B of the Act was 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 Section 79A & 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:14570 WP No. 9112 of 2025 5. In view of the above, the revenue authorities to restore the name of the petitioner in the revenue records. 6. This Writ Petition is, accordingly, allowed. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 46