- 1 - NC: 2025:KHC:14477 WP No. 19064 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. 19064 OF 2024 (LR) BETWEEN: SRI SHAJI JOSE S/O JOSEPH M. J. AGED ABOUT 48 YEARS, R/O MANGALATHIL HOUSE, KANNOTH POST, KODENCHERY VIA, KOZHIKODE DISTRICT, KERALA - 673 580. ...PETITIONER (BY SRI. P. MAHESHA, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER KOLLEGAL SUB DIVISION, KOLLEGAL, CHAMARAJANAGAR DISTRICT - 571 440. 2. THE TAHSILDAR CHAMARAJANAGAR TALUK, CHAMARAJANAGAR - 571 111. CHAMARAJANAGAR DISTRICT. ...RESPONDENTS (BY SMT. SAVITHRAMMA, AGA) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14477 WP No. 19064 of 2024 THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER PASSED BY THE FIRST RESPONDENT ASSISTANT COMMISSIONER IN L.R.F.NO.209/2012-13 DATED 02.12.2014, VIDE ANNEXURE-D AND QUASHING AND SETTING ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.97/2022 (REVENUE) DATED 18.03.202 VIDE ANNEXURE-G. 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 of the Land Reforms Act ("the Act", for short) is challenged in this petition. 2. The petitioners have produced the order sheet maintained by the Assistant Commissioner. A perusal of said order sheet would indicate there was no mention that notices were in fact served on the - 3 - NC: 2025:KHC:14477 WP No. 19064 of 2024 petitioners. In fact the entire order sheet maintained basically indicates that the proceedings were being adjourned due to unavailability of the Presiding Officer and ultimately, the order was passed stating that Sections 79A & B of the Act were contravened which required an order of vesting to be passed. It is therefore clear that the impugned order was passed in gross violation of principles of natural justice. 3. 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. 4. 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:14477 WP No. 19064 of 2024 5. In view of the above, the revenue authorities to restore the name of the petitioners in the revenue record. 6. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 0