- 1 - NC: 2025:KHC:16700 WP No. 35552 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 35552 OF 2024 (LR) BETWEEN: 1. G V S S V SOMA RAJU AGED ABOUT 65 YEARS, S/O. G. BHIMA RAJU R/AT NO.425, 12TH CROSS, SADASHIVANAGAR, BENGALURU-560 080. …PETITIONER (BY SRI. HARSHA KUMAR GOWDA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAND REVENUE, VIKAS SOUDHA, BENGALURU-560 001. 2. THE KARNATAKA APPELLATE TRIBUNAL, MS BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001 3. THE ASSISTANT COMMISSIONER, CHIKKABALLAPURA SUB DIVISION, CHIKKAABALLAPURA-562 101. 4. THE TAHSILDAR, GUDIBANDA TALUK, GUDIBANDA-561 209 …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO SET ASIDE THE ORDER DT. 28.08.2018, PASSED BY THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16700 WP No. 35552 of 2024 RESPONDENT NO.3, IN CASE NO.LRF-79 A AND B-CR-46/2008- 09, VIDE ANNEXURE-A AND ORDER DATED 25.11.2024 PASSED BY THE RESPONDENT NO. 2, IN REV. APPEAL NO. 414/20, VIDE ANNX-B, 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 petitioner has produced a copy of 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 without providing opportunity to the petitioner and ultimately, the order was passed stating that Sections 79A and 79B of the Act were contravened which required an order of vesting to be - 3 - NC: 2025:KHC:16700 WP No. 35552 of 2024 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 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. 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:16700 WP No. 35552 of 2024 7. In view of the disposal of the petition, pending applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 6