- 1 - NC: 2025:KHC:13363 WP No. 17605 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. 17605 OF 2024 (LR) BETWEEN: 1. SMT RATHNASWAMY WIFE OF A SWAMY AGED ABOUT 52 YEARS RESIDING AT NO.113/2, SAI PARIYAVARANAM KUNDALAHALLI MAIN ROAD KUNDANAHALLI, BANGALORE 560038. …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING, BANGALORE 560001. 2. ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION, DODDABALLAPURA BANGALORE RURAL DISTRICT PIN CODE 561203. 3. TAHSILDAR, HOSKOTE TALUK PIN CODE 562114 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 31/08/2018, PASSED BY THE R2, IN L.R.F.SR(H)30/2011-12 AS PER ANNEXURE-D, ETC. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13363 WP No. 17605 of 2024 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 2011 and through out the proceedings, the petitioner had no notice of the proceedings and without hearing 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 copy of the order-sheet maintained by the Assistant Commissioner. - 3 - NC: 2025:KHC:13363 WP No. 17605 of 2024 4. A perusal of the entire order-sheet would indicate that there was no mention of notices being ordered or that notices were in fact served on the petitioner. 5. Thus, 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 31.08.2018, 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. 6. 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. 7. In the normal circumstances, the matter would have to be remitted to the Assistant Commissioner for fresh consideration. However, in the year 2020, the - 4 - NC: 2025:KHC:13363 WP No. 17605 of 2024 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. 8. 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. 9. The writ petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 77 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