- 1 - NC: 2025:KHC:16450 WP No. 24090 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 24090 OF 2024 (LR) BETWEEN: 1. SMT. RAKIBA KHANUM D/O MOHAMUD KHAN AGED ABOUT 51 YEARS R/AT MEHABUBNAGAR RAMANAGARA TOWN AND TALUK RAMANAGARA DISTRICT-562 159. 2. SRI NURULLA KHAN S/O MOHAMUD KHAN AGED ABOUT 48 YEARS R/AT MEHABUBNAGAR RAMANAGARA TOWN AND TALUK RAMANAGARA DISTRICT - 562 159. …PETITIONERS (BY SRI. MUNIRAJA .M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING, DR. B.R.AMBEDKAR VEEDHI BENGALURU - 560 001. REPRESENTED BY ITS SECRETARY 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION RAMANAGARA, RAMANAGARA DISTRICT- 562 159. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16450 WP No. 24090 of 2024 3. THE TAHASILDAR RAMANAGARA TALUK RAMANAGAR DISTRICT - 562 159. …RESPONDENTS (BY SMT. CHANDINI .S, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.11.2016 BEARING NO. LRF79 (A) (B)/RA/104/2015-16 PASSED BY THE R-2 ASSISTANT COMMISSIONER BY FORFEITING THE LAND MEASURING 1 ACRE 22 GUNTAS IN SY. NO. 60/2, NEW SY. NO. 60/1 IN FAVOUR OF STATE GOVERNMENT SITUATED AT SHIDLAKALLU VILLAGE, KAILANCHA HOBLI, RAMANAGARA TALUK AND DISTRICT AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘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 petitioners have 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 - 3 - NC: 2025:KHC:16450 WP No. 24090 of 2024 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 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 - 4 - NC: 2025:KHC:16450 WP No. 24090 of 2024 hence, the impugned proceedings initiated shall stand abated. 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 allowed. 7. In view of the disposal of the petition, pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 112