- 1 - NC: 2025:KHC:13873 WP No. 17775 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 17775 OF 2024 (LR) BETWEEN: 1. SRI N VIRENDRA BABU S/O B V NANJEGOWDA, AGED ABOUT 44 YEARS, BELLOTTI, M M HALLI ROAD, SHIDLAGHATTA TALUK, CHIKKABALLAUPRA DISTRICT-562105 REPRESENTED BY GENERAL POWER OF ATTORNEY HOLDER, A R VENKATESH BABU. …PETITIONER (BY SRI. BADRI VISHAL., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, MULTI STORIED BUILDING, BENGALURU-560001 REPRESENTED BY PRINCIPAL SECRETARY. 2. THE ASSISTANT COMMISSIONER CHITRADURGA, CHITRADURGA SUB DIVISION, CHITRADURGA DISTRICT-577522. 3. TAHSILDAR CHELLAKERE CHELLAKERE TOWN, CHELLAKERE TALUK, CHITRADURGA DISTRICT-577522. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-3) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13873 WP No. 17775 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER BEARING NO. LRM79(A)CR. 108/2013-14 ORDER DTD. 29.12.2015 ISSUED BY R-2 IN SOFAR AS SY.NO.41/4 OF KYATHANAMALE VILLAGE PARASHURAMAPURA HOBLI, CHELLAKERE TALUK, TUMKUR DISTRICT IS CONCERNED AT ANNEXURE-A. 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. The proceedings were initiated against the petitioner by the Assistant Commissioner on the ground that he had contravened the provisions of Section 79A and B of the Karnataka Land Reforms Act, 1961 (for brevity, "theAct") and had purchased the agricultural land. 2. The petitioner submits that without providing sufficient opportunity and in his absence, the impugned order was passed by the Assistant Commissioner ordering vesting of land in question. - 3 - NC: 2025:KHC:13873 WP No. 17775 of 2024 3. The petitioner, being aggrieved by said order, preferred an appeal to the Karnataka Appellate Tribunal (KAT) and the KAT has also dismissed the appeal. 4. A perusal of the order of the Assistant Commissioner would indicate that the Assistant Commissioner has passed the impugned order without affording an opportunity of filing objections to the petitioner. This order has, however, been confirmed by the KAT. 5. 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. Consequently, the order passed by the Assistant Commissioner and the KAT would not be sustainable. 6. In the normal course, the orders impugned would have to be set aside and the matter would have to be remanded to the Assistant Commissioner for - 4 - NC: 2025:KHC:13873 WP No. 17775 of 2024 consideration of the proceedings afresh. However, since Sections 79A & B of the Act were omitted by virtue of an amendment to the Act, no useful purpose would be served by remanding the matter to the Assistant Commissioner and hence, the impugned proceedings initiated shall stand abated. 7. In view of the above, the Revenue Authorities to restore the name of the petitioner in the revenue record. 8. The writ petition is accordingly allowed. 9. In view of disposal of the petition, pending applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 7