- 1 - NC: 2025:KHC:13749 WP No. 20349 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 20349 OF 2023 (LR) BETWEEN: 1. M/S PAPAIN AND CHEMICALS (P) LTD CORPORATED UNDER COMPANIES ACT 1956 OOTY-MYSORE ROAD GUNDALPET-571111 CHAMARAJANAGARA DISTRICT REPRESENTED BY ITS MANAGING DIRECTOR 2. A J MATHEW S/O P J MATHEW MANAGING DIRECTOR CHOOLAL HOUSE, KAKINADU COCHIN-682030 KERALA STATE REPRESENTED BY HIS GPA M K POTHARAJ DOOR NO.32, RAJAMAHAL 4TH MAIN, JAYALAKSHMIPURAM MYSURU-570012. …PETITIONERS (BY SRI. M.B.SANTHOSH KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY REVENUE DEPARTMENT M S BUILDING, BENGALURU-01. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13749 WP No. 20349 of 2023 2. DEPUTY COMMISSIONER CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA-557131 3. ASSISTANT COMMISSIONER KOLLEGALA SUB DIVISION KOLLEGALA-571440 CHAMARAJANAGARA DISTRICT 4. THE TAHSILDAR GUNDLUPET TLAUK GUNDALPET-5711111 CHAMARAJANAGARA DISTRICT …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER DATED 13/11/2017 IN CASE NO. LRF.5/2012-13, PASSED BY R2 VIDE ANNEXURE-B, 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. - 3 - NC: 2025:KHC:13749 WP No. 20349 of 2023 2. The Assistant Commissioner proceeded to pass the impugned order on the ground that the petitioners have not produced any relevant documents despite service of notice. In essence, the impugned order passed was without hearing or without considering the claims of the purchasers. 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. 3. 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. In view of the above, the revenue authorities to restore the name of the petitioners in the revenue record. - 4 - NC: 2025:KHC:13749 WP No. 20349 of 2023 5. The writ petition is accordingly allowed. 6. 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.: 5