- 1 - NC: 2025:KHC:13057 WP No. 12280 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 12280 OF 2022 (LR) BETWEEN: 1. SRI. V. MUNIRAJU S/O SRI VENKATA GIRIYAPPA AGED ABOUT 70 YEARS RESIDING AT IBLURU VILLAGE BEGURU HOBLI, BANGALORE SOUTH TALUK BANGALORE - 560102. …PETITIONER (BY SRI. R.V.S.NAIK., SENIOR COUNSEL FOR SRI. NITIN PRASAD., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M S BUILDING BENGALURU - 560001. 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAUPRA TALUK BENGALURU RURAL DISTRICT-561203. 3. TAHASILDAR HOSAKOTE TALUK, HOSAKOTE BENGALURU RURAL DISTRICT-561203. …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13057 WP No. 12280 of 2022 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF DODDABALLAPURA SUB DIVISION BENGALURU RURAL DISTRICT R2 HEREIN IN CASE NO.LRFSR189/1996-97 DATED 28.01.1999 AND DROP THE PROCEEDINGS INITIATED UNDER SECTION 79A AND 79B OF THE KARNATAKA LAND REFORMS ACT AGAINST THE PETITIONER, 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. An order of vesting made under Section 83 of the Karnataka Land Reforms Act, 1961 (for short, 'the Act') for alleged contravention of Sections 79A and 79B of the Act, is challenged before this Court by way of this writ petition. 2. The learned counsel appearing for the petitioner points out that the proceedings were initiated in the year 1996 and through out the proceedings, the petitioner had no notice of the proceedings and without hearing - 3 - NC: 2025:KHC:13057 WP No. 12280 of 2022 the petitioner, the impugned order has been passed. He therefore submitted that the impugned order is absolutely illegal, since the petitioner was not even heard and hence, the same is liable to be quashed. 3. The petitioner has produced a copy of the order-sheet maintained by the Assistant Commissioner, along with memo dated 21.09.2024. 4. The entire order-sheet maintained basically indicates that the proceedings were being adjourned due to either unavailability of the Presiding Officer or the parties and ultimately, on 28.01.1999, the order impugned herein was passed stating that Sections 79A and 79B of the Act were contravened which required an order of vesting to be passed. 5. It is therefore clear that the impugned order was passed in gross violation of the principles of natural justice, as such, the impugned order cannot be sustained and the same is accordingly quashed. - 4 - NC: 2025:KHC:13057 WP No. 12280 of 2022 6. In the normal circumstances, the matter would have to be remitted to the Assistant Commissioner for fresh consideration. However, in the year 2020, the Karnataka Land Reforms Act, 19611 was amended and Sections 79A, 79B and 79C thereof were omitted; the said amendment also made it clear that all cases pending as on the date of promulgation of the Amendment Act pertaining to Sections 79A, 79B and 79C would stand abated. 7. Since the matter, on remand now, would revive the proceedings, the same would stand abated by virtue of Section 12(2) of the Amendment Act2. Consequently, it is held that the impugned proceedings against the petitioner shall stand abated. 8. The writ petition is accordingly allowed. 1 The Karnataka Land Reforms (Second Amendment) Act, 2020 [Karnataka Act No.56 of 2020] Section 12. Savings:- (1) x x x (2) All cases pending before any Court, tribunal or other authority competent under the provisions of the Principal Act on the date of promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020) pertaining to Sections 79A, 79B and 79C shall hereby stand abated. 2 The Karnataka Land Reforms (Second Amendment) Act, 2020 - 5 - NC: 2025:KHC:13057 WP No. 12280 of 2022 9. 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.: 1