- 1 - NC: 2025:KHC:11879 WP No. 30327 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 30327 OF 2024 (LR) BETWEEN: 1. SRI K SUKESH RAJU AGED ABOUT 45 YEARS S/O KRISHNEGOWDA RESIDING AT 8TH CROSS SUBHASHNAGAR, MANDYA CITY MANDYA DISTRICT 571401 (SENIOR CITIZEN NOT CLAIMED) …PETITIONER (BY SRI. RAJA L., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER MANDYA SUB DIVISION, MANDYA MANDYA DISTRICT 571401. 2. THE TAHASHILDHAR SRIRAGAPATNA TALUK MANDYA DISTRICT 571401 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 & R-2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE FIRST RESPONDENT PASSING THE IMPUGNED ORDER IN LRF NO.112/2015 PASSED ON 08.11.2016 SAME IS MARKED AS ANNEXURE-F, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11879 WP No. 30327 of 2024 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. An order of vesting passed for contravention of Section 79A and 79B of the Karnataka Land Reforms Act is called in question in this writ petition. 2. It is the case of the petitioner that, though the proceedings were initiated in the year 2015 and the petitioner entered appearance through his counsel, the matter was adjourned on several occasions due to non-availability of the Assistant Commissioner, but, suddenly, on one day, the Assistant Commissioner had posted the matter for orders and he has passed the order of vesting. 3. Since the petitioner claims that he has not been heard in the matter and taking into consideration that the land in question is only two guntas of land, in the normal circumstances, the impugned order would have to be set aside and, the matter would - 3 - NC: 2025:KHC:11879 WP No. 30327 of 2024 have to be remanded to the Assistant Commissioner for fresh consideration, having regard to the fact that Sections 79A & 79B of the Act has been omitted from the statute and the proceedings are ordered to be abated, no useful purpose would be served by remanding the matter to the Assistant Commissioner. 4. 4. Consequently, the impugned order is quashed and the proceedings initiated against the petitioner for contravention of Section 79A and 79B shall stand abated. 5. This writ petition thus allowed. 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 7