- 1 - NC: 2025:KHC:11075 WP No. 33387 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33387 OF 2024 (LR) BETWEEN: 1. SRI C R VIJAYARAJ @ C R NAGARAJ S/O LATE REVANNA, AGED ABOUT 42 YEARS RESIDING AT CHITTANAHALLI VILLAGE MADABAL HOBLI, MAGADI TALUK RAMANAGARA DISTRICT. …PETITIONER (BY SRI. B.R.SHARATH GOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT BENGALURU 560001 2. ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION, BENGALURU RURAL DISTRICT 561203 3. THASILDAR DEVANAHALLI TALUK MINI VIDHANA SOUDHA DEVANAHALLI KARNATAKA 562110 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING ORDER DATED 05.05.2015, VIDE L.R.F. SR(DE) NO.236/2009-10, PASSED BY THE RESPONDENT NO.2, PRODUCED AS ANNEXURE-E AND ALLOW THE WRIT PETITION, ETC. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11075 WP No. 33387 of 2024 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 under Section 83 for contravention of Section 79A and 79B of the Karnataka Land Reforms Act is called in question in this writ petition. 2. Learned counsel appearing for the petitioner points out, as per the order sheet, which is produced at Annexure - D, though the proceedings were initiated in the year 2010 and, the petitioner did appear and filed his documents, the matter was never taken up for consideration and, the matter was continuously being adjourned, as the Presiding Officer was unavailable. 3. He also points out that, the order sheet dated 18.07.2014 indicates that the matter was adjourned thrice. Due to unavailability of the Presiding Officer - 3 - NC: 2025:KHC:11075 WP No. 33387 of 2024 and, on 28.03.2015, the Assistant Commissioner has straight away proceeded to reserve the case for orders and pronounced the order about two months thereafter on 05.05.2015. 4. A perusal of the order sheet would confirm the said assertions and this would render the order of the Assistant Commissioner unsustainable for violating the principles of natural justice. 5. 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. - 4 - NC: 2025:KHC:11075 WP No. 33387 of 2024 6. Consequently, this writ petition is allowed and the proceedings initiated against the petitioner for contravention of Section 79A and 79B shall stand abated. 7. 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.: 4