- 1 - NC: 2025:KHC:13750 WP No. 10893 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 10893 OF 2023 (LR) BETWEEN: 1. SRI SRINIVASA MURTHY K Y S/O SRI. YALAKKAIAH AGED ABOUT 41 YEARS, R/AT NO.T4, C BLOCK, HIMAGIRI GREEN FOREST DEPARTMENT, SILVER OAK ROAD, VINAYAKANAGAR, JP NAGAR 7TH PHASE, PUTTENAHALLI, BENGALURU-560078. 2. SMT. B.G. RAGASHREE W/O SRI. JAGADEESHA H.N. AGED ABOUT 29 YEARS, R/AT NO.TF-8, WALLBRIDGE CLUSTER APARTMENT, PAPAREDDY PALYA, NAGARABHAVI, BENGALURU-560072 …PETITIONERS (BY SRI. DILEEP N., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, REPRESENTED BY ITS SECRETARY, MS BUILDING, BENGALURU-560001 2. THE ASSISTANT COMMISSIONER MYSURU SUB DIVISION, MYSURU DISTRICT-570001 3. THE TAHSILDAR MYSURU TALUK, MYSURU DISTRICT-570001. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13750 WP No. 10893 of 2023 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING FOR QUASHING THE IMPUGNED ORDER ANNEXURE-A DATED 18/12/2019 PASSED BY THE 2ND RESPONDENT IN LRF.79(A) AND (B)214/2018 AND CONSEQUENTLY DIRECT THE 2ND RESPONDENT TO ENTER THE NAME OF THE 1ST PETITIONER IN THE RECORD OF RIGHTS AS OWNER OF THE PETITION SCHEDULE PROPERTY. 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. 2. The Assistant Commissioner proceeded to pass the impugned order on the ground that the petitioners neither produced any relevant documents, nor filed objections despite service of notice. In essence, the impugned order passed was without hearing or without considering the claims of the purchasers. Since the order of vesting would take away the rights of the ownership of land in question, the appropriate - 3 - NC: 2025:KHC:13750 WP No. 10893 of 2023 course would be to afford one more opportunity to the petitioners. 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 petitioners in the revenue record. 5. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS/List No.: 1 Sl No.: 95