- 1 - NC: 2025:KHC:15358 WP No. 24490 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 24490 OF 2024 (LR) BETWEEN: 1. SRI M. KEMPARAJU S/O LATE T. MARIYAPPA AGED ABOUT 65 YEARS R/AT NO 149, 6TH MAIN ROAD 60 FEET ROAD POORNACHANDRA LAYOUT SRIGANDHAKAVAL 'D' GROUP LAYOUT BENGALURU-560 091. …PETITIONER (BY SRI. SRINIVASA .D.C, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDNG DR B R AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB DIVISON OFFICE OF THE ASSISTANT COMMISISONER RAMANAGAR TOWN RAMANAGARA DISTRICT-562 159. 3. THE TAHASILDAR OFFICE OF THE TAHASILDAR Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15358 WP No. 24490 of 2024 RAMANAGAR TOWN RAMANAGAR DISTRICT-562 159. …RESPONDENTS (BY SMT. CHANDINI .S, HCGP FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE R-2 ASSISTANT COMMISSIONER, RAMANAGARA, IN NO. LRF. 79 (A) (B)/RAA/70/15-16 DATED 29.06.2016, VIDE ANNEXURE-A AS ILLEGAL AND UNCONSTITUTAIONAL. 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 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 - 3 - NC: 2025:KHC:15358 WP No. 24490 of 2024 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 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. - 4 - NC: 2025:KHC:15358 WP No. 24490 of 2024 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 applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 2 Sl No.: 6