- 1 - NC: 2025:KHC:14475 WP No. 17529 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. 17529 OF 2024 (LR) BETWEEN: 1. SRI. D. S. HIREMAT S/O SIDDARAMYYA, AGED ABOUT 61 YEARS, R/AT NO.C78, KHB QUARTERS, KAVALBYRASANDRA, R. T. NAGAR POST, BENGALURU - 560 032. NOW R/AT NO.29/11, B-3, APOORVA EXQUISITE, 1ST CROSS, SUMANGALI SEVASHRAMA ROAD, HEBBAL, BENGALURU - 560 024. 2. THE JUDICIAL DEPARTMENT MULTI-PURPOSE CO-OPERATIVE SOCIETY LTD., HAVING ITS OFFICE AT HIGH COURT BUILDING BENGALURU - 560 001. REP. BY ITS PRESIDENT, SRI. PRAKASH T. S/O THIMMEGOWDA, AGED ABOUT 46 YEARS REGISTRED UNDER CO-OPERATIVE SOCIETIES ACT. ...PETITIONERS (BY SRI. ROOPESHA B., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU, K. G. ROAD, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14475 WP No. 17529 of 2024 NEAR DISTRICT REGISTRAR, OFFICE AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU - 560 009. 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVANA, BENGALURU - 560 009. 3. THE TAHSILDAR BENGALURU SOUTH TALUK, KANDAYA BHAVANA, BENGALURU - 560 009. ...RESPONDENTS (BY SMT. SAVITHRAMMA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORD IN NO.LRF(83)(KEN) 16/14-15 VIDE ANNEXURE-G AND NO. LRF(83)(KEN)28/14-15 VIDE ANNEXURE-H FROM THE FILE OF THE R-2 AND 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 passed by the Assistant Commissioner for contravention of Section 79A & B - 3 - NC: 2025:KHC:14475 WP No. 17529 of 2024 of the Land Reforms Act ("the Act", for short) is challenged in this petition. 2. The Assistant Commissioner proceeded to pass the impugned order on the ground that the petitioners have not produced any relevant documents despite service of notice. In essence, the impugned order passed was without hearing or without considering the claims of the purchasers. 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. 3. 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. - 4 - NC: 2025:KHC:14475 WP No. 17529 of 2024 4. In view of the above, the revenue authorities to restore the name of the petitioners in the revenue record. 5. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 0