- 1 - NC: 2025:KHC:14826 WP No. 22413 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 22413 OF 2023 (LR) BETWEEN: 1. SMT. PREMALATHA W/O LATE KUSHAL RAJ AGED ABOUT 58 YEARS 2. SMT SWEETY DEVI AGED ABOUT 38 YEARS D/O LATE KUSHAL RAJ BOKADIA 3. SRI VIPIN KUMAR AGED ABOUT 37 YEARS S/O LATE KUSHAL RAJ BOKADIA 4. SMT SHALINI AGED ABOUT 36 YEARS D/O LATE KUSHAL RAJ BOKADIA ALL ARE R/AT NO 34 CLASSIC ORCHARDS BEHIND MEENAKSHI TEMPLE BANNERGHATTA ROAD BENGALURU 560076 …PETITIONERS (BY SRI. N MAHALINGA BHAT., ADVOCATE) AND: 1. THE TAHASILDAR ANEKAL TALUK BENGALURU 562106 …RESPONDENT (BY SMT. SAVITHRAMMA., AGA) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14826 WP No. 22413 of 2023 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 10/6-2015 ANNEXURE-A, ISSUED BY THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB DIVISION, BENGALURU, U/S NO.83 OF THE KLR ACT 1974 AS PER NO.LRF/83(AJ)32/2007-08, ,FOR FORFEITING THE LANDS UNDER SY.NO.41/1, MEASURING 1 ACRE AND UNDER SY.NO.39, MEASURING 22 GUNTAS AND 6 GUNTAS KHARAB LAND, SITUATED AT HULLAHALLI VILLAGE, ANEKAL HOBLI, ANEKAL TALUK AND ENTERING THE NAME OF THE GOVERNMENT IN THE RTC AND OTHER REVENUE RECORDS, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 Assistant Commissioner proceeded to pass the impugned order on the ground that the petitioners have not produced any relevant documents despite - 3 - NC: 2025:KHC:14826 WP No. 22413 of 2023 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. 5. The writ petition is accordingly allowed. - 4 - NC: 2025:KHC:14826 WP No. 22413 of 2023 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.: 1