- 1 - NC: 2025:KHC:17027 WP No. 11987 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE N.S. SANJAY GOWDA WRIT PETITION NO.11987 OF 2025 (LR) BETWEEN: 1. MRS. KULKARNI ASHA W/O DR. VINOD KULKARNI AGED ABOUT 72 YEARS R/AT NO. 4614A/9 MANASA NURSING HOME PRABHAT COLONY, VIDYANAGAR HUBLI, DHARWAD DISTRICT -580 021. …PETITIONER (BY SRI. R. SRINIVASA GOWDA, ADV.,) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA BANGALORE -560 001 REP. BY ITS SECRETARY. 2. THE ASSISTANT COMMISSIONER PANDAVAPURA SUB-DIVISION PANDAVAPURA MANDYA DISTRICT-571434. 3. THE TAHSILDHAR PANDAVAPURA TALUK PANDAVAPURA MANDYA DISTRICT-571438. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA) Digitally signed by RUPA V Location: High Court of karnataka - 2 - NC: 2025:KHC:17027 WP No. 11987 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH THE ORDER DTD 26.01.2015 PASSED IN CASE NO. LRF.ENQ.83/2011-12 BY THE R-2 AS PER ANNX-D. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECT AND DIRECT THE RESPONDENTS TO DELETE THE NAME OF GOVERNMENT AND ENTER THE NAME OF THE PETITIONER IN RTC OF SY NO. 78/1 MEASURING 28 GUNTAS OF BANNANGADI VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK AT THE EARLIEST & 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. Learned Additional Government Advocate accepts notice for respondents. 2. 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. 3. The petitioner has produced a copy of the order sheet maintained by the Assistant Commissioner. In fact, the entire order sheet maintained basically indicates - 3 - NC: 2025:KHC:17027 WP No. 11987 of 2025 that the proceedings were being adjourned without providing opportunity to the petitioner and ultimately, the order was passed stating that Sections 79A and 79B of the Act were 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. 4. 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. 5. 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 - NC: 2025:KHC:17027 WP No. 11987 of 2025 6. In view of the above, the revenue authorities to restore the name of the petitioner in the revenue record. 7. The writ petition is accordingly allowed. 8. In view of the disposal of the petition, pending applications, if any, stand disposed of. Sd/- (N.S. SANJAY GOWDA) JUDGE BSR List No.: 1 Sl No.: 27