- 1 - NC: 2025:KHC:13624 WP No. 11666 of 2022 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. 11666 OF 2022 (LR) BETWEEN: 1. SRI H V MANJUNATH S/O H R VENKATEGWODA AGED 41 YEARS R/AT HALUKENE VILLAGE SANIVARASANTE HOBLI SOMAVARPET TALUK KODAGU DISTRICT ALSO R/AT NO.B2, BLOCK-8 ESI QUARTERS 3RD STAGE, GOKULAM MYSORE - 570 002 …PETITIONER (BY SRI. DILIP KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDINGS, BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER MADIKERI SUB DIVISION MADIKERI - 571 201 3. THE TAHSILDAR SOMAVARPET TALUK SOMAVARPET - 571 236 …RESPONDENTS (BY SMT. CHANDINI.S., HCGP.) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13624 WP No. 11666 of 2022 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER PASSED BY ASSISTANT COMMISSIONER, MADIKERI SUB DIVISION, MADIKERI DATED 30.03.2017,IN NO.BHOO/OO/99/2016.17 VIDE ANNEXURE-C. 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 Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 ("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 - NC: 2025:KHC:13624 WP No. 11666 of 2022 3. 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 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. 5. The writ petition is accordingly allowed. 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 2 Sl No.: 3