- 1 - NC: 2025:KHC:14473 WP No. 15106 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 15106 OF 2024 (LR) BETWEEN: B. M. DHANALAXMI W/O V. VARADARAJU, AGED ABOUT 45 YEARS, BABURAYANAKOPPALU, K. SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK - 571438. ...PETITIONER (BY SMT. ARCHANA MURTHY., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER MANDYA SUB DIVISION, MANDYA-571 401. 2. THE TAHSILDAR MANDYA TALUK, MANDYA 571401. ...RESPONDENTS (BY SMT. CHANDINI S., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER OF THE R-1 DTD.23.05.2017 IN L.R.F.NO.317/2016-17 VIDE ANNX-F AND THE ORDER OF THE KARNATAKA APPELLATE TRIBUNAL DTD.01.03.2024 IN APPEAL NO.501/2022 VIDE ANNX-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14473 WP No. 15106 of 2024 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. An order of vesting passed by the Assistant Commissioner for contravention of Section 79A & B of the Land Reforms Act ("the Act", for short) is challenged in this petition. 2. The petitioner has produced the order sheet maintained by the Assistant Commissioner. A perusal of said order sheet would indicate that the notice served on the petitioner was in fact returned. In fact the entire order sheet maintained basically indicates that the proceedings were being adjourned due to unavailability of the Presiding Officer and ultimately, the order was passed stating that Sections 79A & B of the Act 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 - 3 - NC: 2025:KHC:14473 WP No. 15106 of 2024 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 & B 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 disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 0