- 1 - HC-KAR NC: 2025:KHC:46250 WP No. 32377 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. 32377 OF 2025 (LR) BETWEEN: M. NAGARAJA SHETTY (SINCE DECEASED) REPRESENTED BY ITS LEGAL HEIR 1. N. JAYANTH BABU S/O LATE NAGARAJA SHETTY, AGED ABOUT 65 YEARS, RESIDING AT NO. 1856, NEAR OLD CANARA BANK, MAIN ROAD, VIJAYAPURA, DEVANAHALLI TALUK, VIJAYAPURA, BANGALORE - 562 135. 2. SRI.SUBBAYYA C @ SUBBAIAH.C S/O SRI. CHENNARAYAPPA, AGED ABOUT 65 YEARS, RESIDING AT 9-WARD, BYPASS ROAD, VIJAYAPURA, MANDIBELE RASTE, BENGALURU - 562 135. …PETITIONERS (BY SRI. A. MAHESH CHOWDHARY, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF REVENUE, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46250 WP No. 32377 of 2025 VIKASA SOUDHA, DR. B.R. AMBEDKAR ROAD, BANGALORE - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB DIVISION, PODIUM BLOCK, VISHWESHWARAIAH TOWER, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 3. THE TAHSILDAR, DEVANAHALLI TALUK, DEVANHALLI, BENGALURU - 562 110. …RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER BEARING NO.LRF- SR(DEV)-4/2011-12 (OLD NO.LRF-SR(DEV)-148/1989-90), DATED 07.09.2016, PASSED BY THE RESPONDENT NO.2, VIDE ANNEXURE-A ONLY AGAINST THE PETITIONERS SCHEDULE PROPERTY AS BEING ARBITRARY, ILLEGAL AND WITHOUT APPLICATION OF MIND. 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:46250 WP No. 32377 of 2025 ORAL ORDER The petitioner has called in question the correctness of the order at Annexure-'A' dated 07.09.2016, whereby, the Assistant Commissioner/respondent No.2 has recorded the finding of violation of provisions of Section 79A and 79B of Karnataka Land Revenue Act, 1961 and declared that the sale deeds executed are void and for vesting of land in the Government. The said order was passed against the father of petitioner No.2. It is submitted that 2nd petitioner is the subsequent purchaser. Various grounds have been raised insofar as the orders of the Assistant Commissioner/respondent No.2 including that the material records, evidence produced by the petitioner was not taken note of and there was no fair opportunity to present their case and there is violation of natural justice. 2. Taking note of the violation of provisions of Section 79A and 79B of KLR Act and also the observations in W.P.No.25675/2025, 25707/2025, 25701/2025 matters - 4 - HC-KAR NC: 2025:KHC:46250 WP No. 32377 of 2025 would be remitted back to the Assistant Commissioner to take note of the legal position and the consequences to omission of 79A and 79B of KLR Act and pass appropriate orders. 3. Accordingly, the writ petition is disposed of. The order dated 07.09.2016 passed by respondent No.2 vide Annexure-'A' is set aside. The matter is referred back to the Assistant Commissioner/respondent No.2. Petitioner to be present himself before the Assistant Commissioner without further notice on 01.12.2025. The Assistant Commissioner/respondent No.2 to pass orders taking note of the above discussion. Sd/- (S SUNIL DUTT YADAV) JUDGE PSJ List No.: 1 Sl No.: 39 CT: BHK