- 1 - HC-KAR NC: 2025:KHC:47750 WP No. 28021 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 28021 OF 2025 (LR) BETWEEN: 1. SMT. HARINI KUMARI. K. S. W/O LATE DANESH KUMAR K C AGED ABOUT 49 YEARS, R/AT NO.151, 4TH STAGE, 1ST CROSS, INDUSTRIAL TOWN BASAVESHWARANAGAR BENGALURU-560 079. 2. SMT. YASHODA K.S., W/O ARUN KUMAR T R AGED ABOUT 45 YEARS R/AT 4TH CROSS, MUNESHWAR NAGAR, BANDE PALYA NEAR HSR TRINITY APARTMENT, HOSAPALYA EXTENSION, GARVEBAVI PALYA BENGALURU-560 068. …PETITIONERS (BY SRI. ROOPESH B., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER HUNSUR SUB DIVISION, HUNSUR MADIKERI ROAD, HUNSUR-571 105 MYSURU DISTRICT. 2. THE TAHSILDAR PERIYAPATNA, TALUK OFFICE, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47750 WP No. 28021 of 2025 SHIVAPA BADAVANE, PIRIYAPATNA-571107 MYSURU DISTRICT. …RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR THE RECORDS IN NO.L.R.F.230/2015-16 ON THE FILE OF 1 RESPONDENT. B) QUASH THE IMPUGNED ORDER DATED 29/02/2020 PASSED BY THE 1ST RESPONDENT IN NO.L.R.F.230/2015-16 VIDE ANNEXURE- E IN VESTING THE SCHEDULE PROPERTY IN FAVOUR OF THE GOVERNMENT. 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 Petitioners have sought for setting aside of the order dated 29.02.2020 passed in No.L.R.F.230/15-16 by the respondent No.1. 2. In terms of the order passed at Annexure-E, the Assistant Commissioner having recorded a finding that there is a violation of Section 79(A) and (B) of the Karnataka Land Reforms Act, 1961, (for short KLR Act) - 3 - HC-KAR NC: 2025:KHC:47750 WP No. 28021 of 2025 has ordered that sale deed executed in favour of the petitioners herein is null and void and that the land would stand vested with the Government, free from all encumbrance. 3. The said order has been challenged by the petitioners raising various grounds including that there has been violation of principles of natural justice and no sufficient opportunity was granted to the petitioners. Further contention was raised that Section 79(A) and (B) also does not attract. 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 - 4 - HC-KAR NC: 2025:KHC:47750 WP No. 28021 of 2025 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. Sd/- (S SUNIL DUTT YADAV) JUDGE RU List No.: 1 Sl No.: 37