- 1 - NC: 2025:KHC:15398 WP No. 14403 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 14403 OF 2024 (LR) BETWEEN: 1. SRI KURIAN JACOB SON OF LATE V V JACOB AGED ABOUT 74 YEARS RESIDING AT VELLUKUNNEL THIDANOD KOTTAYAM DISTRICT KERALA - 686123 …PETITIONER (BY SRI. S.G.HEGDE., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M S BUILDING, B R AMBEDKAR VEEDHI BENGALURU 560001 2. THE ASSISTANT COMMISSIONER *DODDABALLAPURA SUB DIVISION TALUK OFFICE, DODDABALLAPUR TOWN BENGALURU RURAL DISTRICT. 3. THE TAHASHILDHAR TALUK OFFICE, *NELAMANGALA TALUK BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATED 31.8.2018 BEARING NO. *Corrected vide Court order dated 30/07/2025 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15398 WP No. 14403 of 2024 LRF/SR(NEL).117/2012-13, ANNEXURE-G PASSED BY THE R2, 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 Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 ("the Act", for short) is challenged in this petition. 2. The petitioner has produced a copy of the order sheet maintained by the Assistant Commissioner. A perusal of said order sheet would indicate that there was no mention that notice was in fact served on the petitioner. In fact, the entire order sheet maintained basically indicates 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 - 3 - NC: 2025:KHC:15398 WP No. 14403 of 2024 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 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. 5. In view of the above, the revenue authorities to restore the name of the petitioner in the revenue record. 6. The writ petition is accordingly allowed. - 4 - NC: 2025:KHC:15398 WP No. 14403 of 2024 7. In view of the disposal of the petition, pending applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 2 Sl No.: 2