- 1 - NC: 2025:KHC:13362 WP No. 17832 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. 17832 OF 2024 (LR) BETWEEN: 1. SRI R SHANKAR REDDY S/O A V RAMAIAH REDDY, AGED ABOUT 68 YEARS, R/AT NO.130 AGRA VILLAGE BEGUR HOBLI BENGALURU SOUTH TALUK BENGALURU-560102. …PETITIONER (BY SRI. R B SADASIVAPPA.,ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS SECRETARY, REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU 560001. 2. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION, KANDAYA BHAVAN, BENGALURU 560009. 3. THE TAHSILDAR BENGALURU EAST TALUK KANDAYA BHAVAN BENGALURU 560009 …RESPONDENTS (BY SMT. CHANDINI.S., HCGP FOR R-1 TO R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13362 WP No. 17832 of 2024 IMPUGNED ORDER IN NO.LRF(83)(BE)/03/2006.07 DATED 25.08.2008 VIDE ANNEXURE-D PASSED BY THE R2 AND CONSEQUENTLY TO ENTER THE NAME OF THE PETITIONER IN THE REVENUE DOCUMENTS LIKE RTC, 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 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 2006 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 - NC: 2025:KHC:13362 WP No. 17832 of 2024 3. The learned Additional Government Advocate points out from the impugned order that notice was indeed issued to the petitioner and in spite of notice having been issued, the petitioner neither appeared nor produced supporting documents before the Assistant Commissioner. 4. The petitioner has produced a copy of the impugned order passed by the Assistant Commissioner. 5. A perusal of the impugned order indicates that the proceedings were held for the period from 06.04.2006 to 20.08.2008 and ultimately, on 25.08.2008, 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 pertinent to state here that the impugned order is silent as to the date and mode through which the notice was served on the petitioner. Thus, the Assistant Commissioner without ascertaining as to whether the notices were in fact served on the - 4 - NC: 2025:KHC:13362 WP No. 17832 of 2024 petitioner, conducted enquiry and the sale deed obtained by the petitioner is nullified. 7. Since the issue involved is one of vesting of the land, obviously the person who would be affected by the order requires an opportunity of being heard in the matter. 8. 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. 9. In the normal circumstances, the matter would have to be remitted to the Assistant Commissioner for fresh consideration. However, in the year 2020, the 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 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. - 5 - NC: 2025:KHC:13362 WP No. 17832 of 2024 pending as on the date of promulgation of the Amendment Act pertaining to Sections 79A, 79B and 79C would stand abated. 10. 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. 11. The writ petition is accordingly allowed. 12. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 78 2 The Karnataka Land Reforms (Second Amendment) Act, 2020