- 1 - NC: 2025:KHC:14393 WP No. 17692 of 2023 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. 17692 OF 2023 (LR) BETWEEN: 1. MRS. ANITHA ENOS W/O MARCEL ENOS AGED ABOUT 67 YEARS R/AT NO 124/3 GOLDEN HARVEST FARM VIJAYANAGARA, 4TH STAGE HINKAL, MYSORE 570017 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 2. MR MARCEL ENOS S/O LATE V ENOS AGED ABOUT 69 YEARS R/AT NO 124/3, GOLDEN HARVEST FARM VIJAYANAGARA, 4TH STAGE HINKAL, MYSORE 570017 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 3. VAISHALI MARCEL ENOS AGED ABOUT 35 YEARS R/AT NO 124/3, GOLDEN HARVEST FARM VIJAYANAGARA, 4TH STAGE HINKAL, MYSORE 570017 REPERSENTED BY HER GPA HOLDER MRS ANITHA ENOS (PETITIONER NO 1) …PETITIONERS (BY SRI. VINAY.N.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14393 WP No. 17692 of 2023 MS BUILDING VIDHANA SOUDHA SAMPANGI RAMA NAGARA BENGALURU 560001 REP BY ITS SECRETARY 2. THE ASSISTANT COMMISSIONER PANDAVAPURA SUB DIVISION PANDAVAPURA MANDYA DISTRICT 571434 3. THE TAHSILDAR SRIRANGAPATNA TALUK MANDYA DISTRICT 571438 …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 25.06.2018 PASSED BY THE R-2 BEARING NO. BUSU PARI(SRI) 80/2015-16 PRODUCED AS ANNX-E AND CONSEQUENTLY RESTORE THE KATHA IN THE NAME OF THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP HEARING, 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. - 3 - NC: 2025:KHC:14393 WP No. 17692 of 2023 2. The petitioners 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 petitioners and ultimately, the order was passed 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 petitioners. 4. In the normal course, the matter would have to be remanded to the Assistant Commissioner, since - 4 - NC: 2025:KHC:14393 WP No. 17692 of 2023 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. 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 interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 1