- 1 - HC-KAR NC: 2025:KHC:52197 WP No. 23835 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 23835 OF 2025 (LR) BETWEEN: 1. SMT. T.A. SOWMYA, SINCE DEAD REP. BY LRS, SRI. B.V. SHARATH S/O LATE SRI B. T. VASANTHA KUMAR, AGED ABOUT 44 YEARS, 2. YUKTHA SHARATH D/O SRI B. V. SHARATH, AGED ABOUT 11 YEARS, SINCE MINOR REPRESENTED BY NATURAL GUARDIAN AND FATHER SRI B. V. SHARATH, BOTH ARE R/AT D.NO.19/4, SREEKARA NIVASA, 2ND MAIN ROAD, BEHIND JJ APARTMENT, HOSAHALLI, VIJAYANAGAR, BANGALORE - 560040. …PETITIONERS (BY SRI. MAHENDRA B. S., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA - 571 401. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52197 WP No. 23835 of 2025 2. THE ASSISTANT COMMISSIONER, MANDYA SUB DIVISION, MANDYA - 571 401. 3. THE TAHASILDAR, MADDUR TALUK, MADDUR - 571 428. …RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED IN CASE NO.LRF/155/2018-19 DATED 18.02.2020 (ANNEXURE-D) ON THE FILE OF THE ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION MANDYA, MANDYA DISTRICT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioners have called in question the correctness of the order at Annexure-D passed by the Assistant Commissioner. Petitioners submit that the order was passed by recording a finding that there is a violation of Sections 79(A) and 79(B) of the Karnataka Land Reforms Act insofar as the sale transaction of the petitioner's mother. - 3 - HC-KAR NC: 2025:KHC:52197 WP No. 23835 of 2025 2. While observing violation of provisions of the Land Reforms Act, the sale deed is stated to be void and the land directed to be resumed by the Government free from all encumbrances. The said order has been challenged in the present petition by the legal representatives of Smt. T.A.Sowmya who was the respondent before the Assistant Commissioner. Various grounds have been raised including that there was no proper enquiry before the Assistant Commissioner nor any opportunity granted to the petitioners in accordance with principles of natural justice. 3. Perused the order passed in W.P.No.28021/2025. Paragraph No.4 of the said order reads as follows: "4. It is noticed that the Karnataka Land Reforms (Second Amendment) Act, 2020 has omitted Section 79(A) and 79(B) of KLR Act. Further, even after order is passed State is required to resume possession. In light of omission of Section 79(A) and (B), matter requires to be reconsidered by the Assistant Commissioner. Whether steps regarding possession also abate by virtue of omission of 79(A) and 79(B) and legal consequences of omission of such provisions as - 4 - HC-KAR NC: 2025:KHC:52197 WP No. 23835 of 2025 well as directions in WP Nos.25675/2025, 25707/2025 and 25710/2025 are required to be re-looked. Accordingly, the order at Annexure-E is set aside. Matters remitted for fresh consideration in light of the observations made above. All contentions are kept open. Petitioners to be present before the Assistant Commissioner without fresh notice on 09.12.2025. With the above observation, petition is disposed of." 4. In light of the same, the order at Annexure-D is set aside and matter is remitted for fresh consideration before the Assistant Commissioner. All contentions are kept open. Petitioners to be present before the Assistant Commissioner on 07.01.2026 without fresh notice. 5. With the above observation, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR