- 1 - HC-KAR NC: 2025:KHC:52201 WP No. 35342 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. 35342 OF 2025 (LR) BETWEEN: SRI. ANANDA. H. C. S/O. LATE CHANNEGOWDA, AGED ABOUT 37 YEARS, R/AT HABBADA MARANAHALLI, KERAGODU HOBLI, GUDIGENAHALLI POST, MANDYA TALUK AND DISTRICT, PIN CODE - 571416. …PETITIONER (BY SRI. BORALINGE GOWDA M. B., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION, MANDYA-571401. 2. THE TAHASILDAR, MANDYA TALUK, MANDYA-571401. …RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET-ASIDE THE IMPUGNED ORDER DATED 31-12-2016 PASSED BY THE 1ST Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52201 WP No. 35342 of 2025 RESPONDENT IN L.R.F338/2015-16 WITH RESPECT OF THE LAND BEARING SY.NO.245/13, MEASURING TO AN EXTENT OF 0.03 GUNTAS AT ANNEXURE-H 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 petitioner has called in question the correctness of the order at Annexure-H passed by the Assistant Commissioner dated 31.12.2016. By virtue of the said order, the Assistant Commissioner has recorded a finding of violation of provisions of Sections 79(A) and 79(B) of the Karnataka Land Reforms Act and while holding such violations of the statutory provisions has declared that the sale deed executed to be void and vesting of such land in the Government, free from encumbrances. 2. The said order has been challenged before this Court raising various grounds including that the order passed by the Assistant Commissioner is without notice - 3 - HC-KAR NC: 2025:KHC:52201 WP No. 35342 of 2025 and opportunity to the petitioner. It is submitted that there is violation of 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 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 above observations, order at Annexure-H is set aside and matter is remitted for fresh consideration before the Assistant Commissioner. All contentions are kept open. Petitioner to be present before - 4 - HC-KAR NC: 2025:KHC:52201 WP No. 35342 of 2025 the Assistant Commissioner without fresh notice on 29.12.2025. 5. With the above observation, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR