- 1 - HC-KAR NC: 2025:KHC:46047 WP No. 27188 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 27188 OF 2025 (LR) BETWEEN: SMT. DUNDAMMA, S/O. SRI. VENKATAIAH, AGED ABOUT 63 YEARS, R/O.HOSADODDI VILLAGE, KASABA HOBLI, MADDURU TALUK, MANDYA DISTRICT-571428. …PETITIONER (BY SRI. BALARAJ V.R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA PRINCIPAL SECRETARY TO REVENUE DEPARTMENT M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER, RAMANAGARA SUB-DIVISION, RAMANAGARA - 562 159 3. THE TAHSILDAR, CHANNAPATNA TALUK, CHANNAPATNA - 562 160. …RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE LEARNED 2ND RESPONDENT IN CASE NO.LRF 79(A) AND (B) 156/2015- 16 PRODUCED AT ANNEXURE-A BY ALLOWING THIS WRIT PETITION AND ETC., Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46047 WP No. 27188 of 2025 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 petitioner has called in question the correctness of the order at Annexure-A passed by the Assistant Commissioner, whereby proceedings were initiated under Section 79(A) and (B) of the Karnataka Land Reforms Act, 1961 (for short 'the Act') and the Assistant Commissioner, having recorded a finding of violation of Section 79(A) and 79(B) of the Act, had declared sale deed dated 25.05.2015 as void and declared its vesting free from encumbrances with the Government. Further, a direction was given to the authorities to take physical possession after making mahazar. This order was passed on 30.01.2020. The validity of the said order has been challenged by the petitioner on various grounds including that there was violation of principles of natural justice as no opportunity was given to the petitioner in the said proceedings. 2. It is noticed that the order at Annexure-A has been passed on 30.01.2020. It is further noticed that the amendment to the Karnataka Land Reforms Act through - 3 - HC-KAR NC: 2025:KHC:46047 WP No. 27188 of 2025 Amendment Ordinance 2020 had come into effect on 30.12.2020. As a result of the amendment, Section 79 (A) and (B) were omitted. 3. Taking note of the contention raised and the order passed in W.P.No.25707/2025 as well as W.P.No.25710/2025, it would be appropriate to remand the matter back to the Assistant Commissioner for fresh consideration. Needless to state that the Assistant Commissioner has to record a finding as to whether pursuant to the order of the Assistant Commissioner, possession was taken over by the State and orders passed taking note of the legal consequence of omission of Section 79 (A) and (B) of the Act. The petitioner to appear before the Assistant Commissioner, without any notice, on 01.12.2025. Accordingly, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VM List No.: 1 Sl No.: 29