- 1 - NC: 2025:KHC:14456 WP No. 26879 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 26879 OF 2024 (LR) BETWEEN: 1. MR SHAZAMA ABDUL WAJID S/O LATE ADBUL WAJID, AGED ABOUT 61 YEARS, R/AT NO.3, AZEEMA MANZIL, 3RD CROSS SOUTH, DR. APJ ADBUL KALAM MAIN ROAD, RASHAD NAGAR, ARABIC COLLEGE POST, BENGALURU 560 045 …PETITIONER (BY SRI. UDAY K S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. ASSISTANT COMMISSIONER DODDABALAPUR SUB-DIVISION, DODDABALAPUR, BANGALORE RURAL DISTRICT - 561203 3. THE THASHILDAR DEVANAHALLI TALUK, DEVANAHALLI - 562110 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14456 WP No. 26879 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER DATED 31.10.2018 PASSED BY THE R2 IN LRF SR(D). 221/2014-15 AT ANNEXURE-D, PASSED BY THE R2, 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 Section 79A & B of the Land Reforms Act ("the Act", for short) is challenged in this petition. 2. The petitioner has produced 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 due to unavailability of the Presiding Officer and ultimately, the order was passed stating that Sections 79A & B of the Act were contravened - 3 - NC: 2025:KHC:14456 WP No. 26879 of 2024 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 & B 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:14456 WP No. 26879 of 2024 7. In view of disposal of the petition, pending applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 6