- 1 - NC: 2025:KHC:17721 WP No. 12880 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 12880 OF 2025 (LR) BETWEEN: 1. SRI V THIMMAPPA, S/O LATE THIMMAPPA, AGED ABOUT 70 YEARS EARLIER R/O CHIKKERAHALLI MOLAKALMURU TALUK, CHITRADURGA DISTRICT PRESENTLY R/OF NO.1627/A, 16TH MAIN, 35TH CROSS, BANASHANKARI 2ND STAGE, BENGALURU -560 070 (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. G.BALAKRISHNA SHASTRY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE MS BUILDING, DR.AMBEDKAR ROAD, BENGALURU - 560 001 REPRESENTED BY IT'S PRINCIPAL SECRETARY 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION KANDAYA BHAVAN, K.G.ROAD, BENGALURU - 560 009 3. THE TAHASILDAR BENGALURU SOUTH TALUK KANDAYA BHAVAN, K.G.ROAD, BENGALURU - 560 009 …RESPONDENTS Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17721 WP No. 12880 of 2025 (BY SMT. CHANDINI.S., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN CASE NO. LRF(83)(SU)13/2012-13 DATED 02/09/2025 ON THE FILE OF THE ASSISTANT COMMISSIONER / SECOND RESPONDENT AND IN REVENUE APPEAL NO. 11/2022 ON THE FILE OF HONBLE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, 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 the entire order sheet maintained basically indicates that the proceedings were being adjourned without providing opportunity to the petitioner to hear all his contentions and ultimately, the order was passed stating that Sections 79A and 79B of the Act - 3 - NC: 2025:KHC:17721 WP No. 12880 of 2025 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. 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. - 4 - NC: 2025:KHC:17721 WP No. 12880 of 2025 6. The writ petition is accordingly allowed. 7. In view of the disposal of the petition, pending applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 25