- 1 - NC: 2025:KHC:13058 WP No. 18894 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 18894 OF 2024 (LR) BETWEEN: 1. SRI DHARMARAJ A K SON OF SRI VELAYUDHAN AGED ABOUT 56 YEARS RESIDING AT PRABHA NIVAS APC ROAD VENGERI VILLAGE MALAPARAMBA, KOZHIKODE DISTRICT KERALA STATE 673009 …PETITIONER (BY SRI. SATYA NARAYANA REDDY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF REFORMS KARNATAKA GOVERNMENT SECRETARIAT MS BUILDING, DR AMBEDKAR ROAD BENGALURU 560001 2. THE ASSISTANT COMMISSIONER KOLLEGALA SUB DIVISION OFFICE OF THE ASSISTANT COMMISSIONER KOLLEGALA 571440, CHAMARAJANAGARA DISTRICT. 3. THE TAHSILDAR GUNDLUPET TALUK, TALUK PANCHAYAT OFFICE BUILDING, GUNDLUPET 571111 CHAMARAJANAGAR DISTRICT. …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13058 WP No. 18894 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATED 17/03/2020 MARKED AT ANNEXURE-A PASSED BY THE SECOND RESPONDENT IN CASE NO. LRF(79A- 79B)SR/113/2017-18, 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 2017 and through out the proceedings, which spanned nearly for a period of two years, 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 - 3 - NC: 2025:KHC:13058 WP No. 18894 of 2024 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 as Annexure "A". 4. A perusal of said order-sheet would indicates that, on 21.01.2020, it was noted by the Assistant Commissioner that "Case called. [GRK] to undertake for (R). Call on 28.01.2020". On 28.01.2020, observing that vakalat was not filed by the advocate for the petitioner herein, the matter was adjourned to 14.02.2020. However, the case was called out on 11.02.2020 (contrary to the next date fixed on 14.02.2020) and adjourned to 03.03.2020 due to the non-availability of the Assistant Commissioner. Thereafter, on 03.03.2020, the case was posted for pronouncement of order based on the available documents, and on 17.03.2020, the impugned order was pronounced. - 4 - NC: 2025:KHC:13058 WP No. 18894 of 2024 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 17.03.2020, 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 Karnataka Land Reforms Act, 19611 was amended and Sections 79A, 79B and 79C thereof were omitted; the 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:13058 WP No. 18894 of 2024 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. 10. 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.: 2 Sl No.: 2 2 The Karnataka Land Reforms (Second Amendment) Act, 2020