- 1 - NC: 2025:KHC:14830 WP No. 24274 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. 24274 OF 2024 (LR) BETWEEN: 1. SRI R MADESH S/O LATE A RAJACHARI AGED 47 EYARS, OCC AGRICULTURE NO 1083, SUBBAIAH NAIDU BEEDI ETTIGEGUDU, MYSURU CITY MYSURU 570004 …PETITIONER (BY SRI. VEERABHADRA SWAMY H P., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER KOLLEGALA SUB DIVSION KOLELGALA TALUK CHAMARJANAGR DISTRICT 571111 2. THE TAHSILDAR KOLELGALA TALUK CHAMARAJARANAGAR DISTRICT 571111 …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 DTD. 26.03.2024 IN REV.APPEAL NO. 495/2020 PASSED BY THE HONBLE KARNATAKA APPELLATE TRIBUNAL VIDE ANNX-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14830 WP No. 24274 of 2024 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The proceedings were initiated against the petitioner by the Assistant Commissioner on the ground that he had contravened the provisions under Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 (ACT) and had purchased the agricultural land. 2. The petitioner submits that though he had entered appearance and produced the relevant documents sought for by the Assistant Commissioner, the impugned order was passed on 24.05.2016 by the Assistant Commissioner, ordering the land to be vested. 3. The petitioner submits that being aggrieved by the said order, he preferred an appeal to the Karnataka Appellate Tribunal (KAT) and the KAT, though condoned the delay in preferring the appeal, ultimately dismissed the appeal by its order dated 26.03.2024. - 3 - NC: 2025:KHC:14830 WP No. 24274 of 2024 4. The petitioner has produced a copy of the order- sheet maintained by the Assistant Commissioner. 5. The entire order-sheet maintained basically indicates that the proceedings were being adjourned due to either unavailability of the Presiding Officer or the parties and ultimately, on 24.05.2016, the order impugned herein was passed stating that Sections 79A and 79B of the Act were contravened which required an order of vesting to be passed. 6. Since the issue involved is one of vesting of the land, obviously the person who would be affected by the order requires an opportunity of being heard in the matter. Consequently, the order passed by the Assistant Commissioner and the KAT would not be sustainable. 7. In the normal course, the orders impugned would have been set aside and the matter would be - 4 - NC: 2025:KHC:14830 WP No. 24274 of 2024 remanded to the Assistant Commissioner for consideration of the proceedings afresh. 8. However, since the pendency in this Writ Petition Sections 79A and 79B of the Act were omitted and all the proceedings were ordered to be abated, no useful purpose would be served by remanding the matter and it is hereby held that the proceedings initiated against the petitioner in violation of Sections 79A and 79B of the Act shall stand abated. This Writ Petition is, accordingly, allowed. 9. 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.: 7