- 1 - NC: 2025:KHC:14829 WP No. 22392 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 22392 OF 2024 (LR) BETWEEN: 1. SRI AJEYA KALLAM SON OF LATE RANGAREDDY, AND LATE SAROJINI KALLAM, AGED ABOUT 67 YEARS, RESIDING AT NO. 3-7-405/DC/18-19 NALANDANAGAR, HYDERGUDA, RAJENDRANAGAR, HYDERABAD, TELANGANA-500048. …PETITIONER (BY SRI. HEGDE SHRIPAD GANGADHAR., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, M S BUILDING, B R AMBEDKAR BEEDI, BENGALURU-560001. 2. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB DIVISION, D C OFFICE, CHIKKABALLAPURA DISTRICT-562101. 3. THE TAHASHILDHAR TALUK OFFICE, CHIKKABALLAPLURA TALUK, BAGEPALI, CHIKKABALLALPURA DISTRICT-562101. …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14829 WP No. 22392 of 2024 RECORDS QUASH THE ORDER DTD 22.08.2015 BEARING NO. LRF/79AB/CR/190/07-08, ANNEXURE-H PASSED BY THE R-2, 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 petitioner. 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 stating that Sections 79A and 79B of the Act were contravened which required an order of vesting to be - 3 - NC: 2025:KHC:14829 WP No. 22392 of 2024 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. 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. - 4 - NC: 2025:KHC:14829 WP No. 22392 of 2024 7. 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.: 4