- 1 - NC: 2025:KHC:17025 WP No. 12393 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.12393 OF 2025 (LR) BETWEEN: 1. SMT. JAYASHREE H. BANDI W/O LATE DR. HONNAPPA V. BANDI AGED ABOUT 58 YEARS. 2. VENKATESH H. BANDI S/O LATE DR. HONNAPPA V. BANDI AGED ABOUT 31 YEARS. 3. RAM MOHAN H. BANDI S/O LATE DR. HONNAPPA V. BANDI AGED ABOUT 29 YEARS. 4. AISHWARYA H. BANDI D/O LATE DR. HONNAPPA V. BANDI AGED ABOUT 23 YEARS. ALL ARE R/AT C- BLOCK, PH3 MANTRI GREENS APARTMENTS SAMPIGE ROAD, MALLESHWARAM BENGALURU-560003. …PETITIONERS (BY SRI. ANANDA K.V. ADV.,) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPT. OF REVENUE, M.S BUILDING BENGALURU- 560 001. Digitally signed by RUPA V Location: High Court of karnataka - 2 - NC: 2025:KHC:17025 WP No. 12393 of 2025 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA BENGALURU RURAL DISTRICT- 572134 3. THE TAHASILDAR DODDABALLAPURA TALUK DODDABALLAPURA BENGALURU RURAL DISTRICT-572134. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION SETTING ASIDE THE IMPUGNED ORDER BEARING NO. LRF/SR(DO)/ 401/2012- 13 DATED 31/8/2018 PRODUCED AT ANNEXURE-C PASSED BY 2ND RESPONDENT ASSISTANT COMMISSIONER, AS THE SAME IS NON-EST, PASSED WITHOUT SERVING A NOTICE ON THE 1ST PETITIONER'S HUSBAND DR.HONNAPPA VENKAPPA BANDI AND WITHOUT HEARING HIM. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION HOLDING THAT THE PETITIONER BELONGS TO BELOW POVERTY LINE FAMILY AND HAVING REGARD TO THE FACT THAT HE MEETS ALL THE REQUIREMENTS IN LAW, THE ACTION INITIATED AGAINST THE PETITIONER BY THE REVENUE AUTHORITIES IS ILLEGAL AND MALAFIDE AND SET ASIDE THE SAME & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17025 WP No. 12393 of 2025 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 petitioners have 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 petitioners. In fact, the entire order sheet maintained basically indicates that the proceedings were being adjourned without providing opportunity to the petitioners and ultimately, the order was passed stating that Sections 79A and 79B of the Act were contravened - 4 - NC: 2025:KHC:17025 WP No. 12393 of 2025 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 petitioners. 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. - 5 - NC: 2025:KHC:17025 WP No. 12393 of 2025 6. In view of the above, the revenue authorities to restore the names of the petitioners in the revenue record. 7. The writ petition is accordingly allowed. 8. In view of the disposal of the petition, pending interlocutory applications, if any, stand disposed of. Sd/- (N.S. SANJAY GOWDA) JUDGE BSR List No.: 1 Sl No.: 38