- 1 - NC: 2025:KHC:13487 WP No. 29136 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 29136 OF 2023 (LR) BETWEEN: 1. M R CHANDAN KUMAR S/O LATE RAMACHANDRA, AGED ABOUT 32 YEARS, MARANAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK - 571405. …PETITIONER (BY SRI. SANTHOSH KUMAR M B., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU 560001. 2. THE ASSISTANT COMMISSIONER MANDYA SUB DIVISION, MANDYA - 571401. 3. THE TAHASILDAR MANDYA TALUK MANDYA - 571401. …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 PASSED BY THE KARNATAKA APPELLATE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13487 WP No. 29136 of 2023 TRIBUNAL, BENGALURU IN REV. APPEAL NO.268/2022 DTD 20.10.2023, VIDE ANNEXURE-H, 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 is called in question before the Karnataka Appellate Tribunal and the Karnataka Appellate Tribunal has dismissed the said appeal and consequently the petitioner is before this Court. 2. A reading of the order of the Assistant Commissioner indicates that the petitioner had not produced necessary documents to justify his acquisition and to come to the conclusion that the petitioner had not contravened Section 79A and 79B of the Karnataka Land Reforms Act. 3. Learned counsel for the petitioner contends that the petitioner had adequate material, which indicated that he was entitled to acquire and hold the land. Furthermore, it is contended that the petitioner was - 3 - NC: 2025:KHC:13487 WP No. 29136 of 2023 not afforded a reasonable opportunity to present his case. 4. As could be seen from the order sheet, which indicates that the matter was posted 18.06.2019 and since the Presiding Officer was unavailable, the matter was adjourned to 12.11.2019 and on that day, the Assistant Commissioner has noticed that all the records were produced and he has posted the matter for orders. 5. In my view, the manner in which the proceedings are conducted would indicate that the petitioner was not given a reasonable opportunity of presenting his case. 6. Consequently, the order passed by the Assistant Commissioner as well as the order passed by the Karnataka Appellate Tribunal cannot be sustained and, the same are accordingly quashed. - 4 - NC: 2025:KHC:13487 WP No. 29136 of 2023 7. In the normal circumstances, the order would have to be set aside and, the matter would 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. 8. Consequently, this writ petition is allowed and the proceedings initiated against the petitioner for contravention of Section 79A and 79B shall stand abated. 9. 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.: 2