- 1 - HC-KAR NC: 2025:KHC:50413 WP No. 32006 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 32006 OF 2025 (LR) BETWEEN: 1. SRI. ASHOKA S/O DASEGOWDA, AGED ABOUT 41 YEARS, R/AT MAKANAHALLI VILLAGE, DUDDA HOBLI, HASSAN TALUK, AND DISTRICT - 573 201. &PETITIONER (BY SRI. PAVAN T G, ADVOCATE) AND: 1. ASSISTANT COMMISSIONER HASSAN SUB-DIVISION Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50413 WP No. 32006 of 2025 HASSAN 3 573 201. 2. THE TAHASILDAR, HASSAN TALUK, HASSAN 3 573 201. &RESPONDENTS (BY SRI. V SESHU, HCGP FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTITON OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 28.11.2017 PASSED BY THE RESPONDENT NO.1 IN LRF 79(a) AND (b) 434/15-16 AT ANNEXURE-F 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 - 3 - HC-KAR NC: 2025:KHC:50413 WP No. 32006 of 2025 ORAL ORDER 1. The petitioner has called in question the correctness of the order dated 28.11.2017 in Case No.LRF.79(A) and 79(B) 434/2015-2016 passed by respondent No.1 at Annexure 3 F, whereby the Assistant Commissioner has initiated the proceedings under Section 79(A) and (B) of the Karnataka Land Reforms Act, 1961 (for short 8KLR Act9) and recorded a finding that there is a violation of the said provision has declared the sale deed dated 11.05.2015 as null and void and further directed vesting of land with the Government, free from all encumbrances. 2. The said order has been challenged by the petitioner on various grounds, including that the Assistant Commissioner has passed an order without providing any opportunity to the petitioner. 3. Perused the observations made in W.P No.28021/2025 at paragraph No.4, which reads as under: - 4 - HC-KAR NC: 2025:KHC:50413 WP No. 32006 of 2025 <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 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. Taking note of the same, the order at Annexure 3 F is set aside. The matter is remitted for fresh consideration in the light of the observations made in W.P - 5 - HC-KAR NC: 2025:KHC:50413 WP No. 32006 of 2025 No.28021/2025 extracted above. All contentions are kept open. Petitioner to be present before the Assistant Commissioner on 17.12.2025. Sd/- (S SUNIL DUTT YADAV) JUDGE UN List No.: 1 Sl No.: 41