- 1 - NC: 2025:KHC:12166 WP No. 15376 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 15376 OF 2024 (LR) BETWEEN: 1. SRI CHANDREGOWDA C N S/O LATE NANJAPPA AGED ABOUT 67 YEARS OCC AGRICULTURIST R/AT H.N. PURA ROAD, CHANANRAPATNA TALUK HASSAN DISTRICT 573165 …PETITIONER (BY SRI. T M VENKATA REDDY.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT MULTISTORIED BUILDING AMBEDKAR VEEDHI, BENGALURU 560 001 2. THE ASSISTANT COMMISSIONER HASSAN SUB DIVISION HASSAN 573201 3. THE TAHSILDAR HASSAN TALUK HASSAN 573201 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12166 WP No. 15376 of 2024 ENTIRE RECORDS RELATING TO LRF NO. 286, 287 AND 299/2015-16 ON THE FILE OF RESPONDENT NO. 2 AND THE RECORDS IN REVENUE APPEAL NO. 453/2021 (CH-1) ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, ETC. 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. The proceedings for contravention of provisions of Sections 79A & 79B of the Karnataka Land Reforms Act were initiated by the Assistant Commissioner in the year 2015. 2. The order sheet maintained by the Assistant Commissioner produced at Annexure-F indicates that the matter was adjourned from 06.11.2015 to 01.07.2016 as the Assistant Commissioner was not available. The order sheet also indicates that the matter was called on 28.08.2017 and 26.09.2017, on which day, there was an order which indicates that the case was called and the party was not present, - 3 - NC: 2025:KHC:12166 WP No. 15376 of 2024 but, nevertheless, orders have been pronounced. It is therefore clear that there was no opportunity granted to the petitioner to have his say in the matter. 3. The petitioner had challenged the said order by filing WP.No.18494/2021 and this Court, noticing that an appeal was provided under the statute, relegated the petitioner to prefer an appeal before the Karnataka Appellate Tribunal. The Tribunal has however dismissed the appeal on the ground that it could not entertain the appeal as it had been filed after the Karnataka Land Reforms (Amendment) Ordinance, 2020 was passed. As a consequence, the petitioner is before this Court. 4. As already noticed above, an order of vesting which fundamentally takes away the land of a purchaser has been passed without even hearing the petitioner. The order sheet maintained by the Assistant Commissioner indicates that the matter was - 4 - NC: 2025:KHC:12166 WP No. 15376 of 2024 adjourned to 01.07.2016 and thereafter, there were no further dates mentioned in the order sheet, but the was called on 26.09.2017 and the Assistant Commissioner has proceeded to pass the impugned order on the said day. It is therefore clear that the impugned order cannot be sustained and the same is liable to be quashed. 5. In the normal course, the matter would have to be remanded to the Assistant Commissioner. However, since Sections 79A & 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. 6. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS/List No.: 1 Sl No.: 72