- 1 - NC: 2025:KHC:13875 WP No. 19174 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. 19174 OF 2024 (LR) BETWEEN: 1. SRI ZAHEER AHMED S/O LATE BASHIR AHMED, AGED ABOUT 50 YEARS, R/AT NO. 6/125, AHMED NAGAR MOHALLA, GUNDLUPET ROAD, CHAMARAJANAGAR TOWN-571313. …PETITIONER (BY SRI. P C SUNITHA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560001. 2. DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT, CHMARAJANAGAR-571313. 3. ASSISTANT COMMISSIONER KOLLEGALA SUB DIVISION, KOLLEGAL-571440. 4. THE TAHASILDAR CHAMARAJANAGAR TALUK, CHMARAJANAGAR-571313. …RESPONDENTS (BY SMT.SAVITHRAMMA., AGA FOR R-1 TO R-4) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13875 WP No. 19174 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED THE ORDER PASSE DBY THE R-3 I.E ASST COMMISSIONER IN CASE NO. LRF (79A-79B) CR 424/2015-16 DTD 18.12.2018 UNDER ANNX-D AND THE ORDER PASSED BY THE R-2 I.E DEPUTY COMMISSIONER IN CASE NO. RA 07/2022-23 DTD 11.09.2023 UNDER ANNX-H, 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 passed by the Assistant Commissioner for contravention of Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 ("the Act", for short) is challenged in this petition. 2. The petitioner has produced a copy of the order sheet maintained by the Assistant Commissioner. A perusal of said order sheet would indicate that there was no mention that notice was in fact served on the petitioners. In fact, the entire order sheet maintained basically indicates that the proceedings were being adjourned without providing opportunity to the petitioner and ultimately, the order was passed - 3 - NC: 2025:KHC:13875 WP No. 19174 of 2024 stating that Sections 79A and 79B 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 petitioner. 4. In the normal course, the matter would have to be remanded to the Assistant Commissioner, since Sections 79A and 79B 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:13875 WP No. 19174 of 2024 5. In view of the above, the revenue authorities to restore the name of the petitioner in the revenue record. 6. The writ petition is accordingly allowed. 7. In view of the disposal of the petition, pending applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 9