- 1 - HC-KAR NC: 2025:KHC:53829 WP No. 2530 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 2530 OF 2025 (LR) BETWEEN: SRI J S PRASANNA KUMAR S/O SAHACHANDRAHASA GUPTA AGED ABOUT 58 YEARS R/AT G2, MEENAKSHI MANOR 10TH D MAIN JAYANAGAR 1ST BLOCK BENGALURU 560011. …PETITIONER (BY SRI. RAGHUNATH C M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE MS BUILDINGS BENGALURU 560001. 2. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB DIVISON KANDAYA BHAVANA K.G. ROAD, BANGALORE 560009. …RESPONDENTS (BY SRI. V SESHU, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER NO. LRF(83) 171/1997-98 DTD 2.04.1998 UNDER SECTION 79 A AND B OF THE KARNATAKA LAND REFORMS ACT 1961 IN RESPECT OF SY NO. 26 MEASURING 1 ACRE OF KANIMINIKE VILLAGE KENGERI HOBLI BANGALORE Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53829 WP No. 2530 of 2025 SOUTH TALUK VIDE ANNX-A AND TO RESTORE THE LAND IN QUESTION IN THE NAME OF THE PETITIONER 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 Petitioner has called in question the correctness of the order at Annexure-A. 2. In terms of the order at Annexure-A, the Assistant Commissioner has recorded a finding regarding violation of statutory provisions under Sections 79-A, 79-B and 80 of the Karnataka Land Reforms Act, 1961 and has directed for vesting of the land free from encumbrances with the Government. Consequential orders were passed regarding revenue entries. 3. Petitioner has challenged such order before this Court on various grounds including that the order passed is in violation of the principles of natural justice and without holding an enquiry. - 3 - HC-KAR NC: 2025:KHC:53829 WP No. 2530 of 2025 4. It is noticed that the order of the Assistant Commissioner was passed on 02.04.1998. Learned High Court Government Pleader upon instructions submits that the order is of the year 1998 and the State has not created any encumbrances on that property nor created any third party rights. 5. Noticing that though the order is passed in the year 1998, petitioner still asserts that he is in possession. The matter requires consideration. In light of such stand of the State that they have not created any third party rights insofar as the land in question, it could be stated that mere delay could not have the effect of non-considering the case of the petitioner. 6. Perused the order passed in W.P.No.28021/2025. The observations made at Para 4 reads as follows: "It is noticed that the Karnataka Land Reforms (Second Amendment) Act, 2020 has omitted - 4 - HC-KAR NC: 2025:KHC:53829 WP No. 2530 of 2025 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." 7. In light of omission of Sections 79-A and 79-B of Act and the legal consequence that would follow, it would be necessary taking note of the observations made above that the matter be remitted to the Assistant Commissioner for fresh consideration. 8. Accordingly, the order at Annexure-A is set aside. The matter is remitted for fresh consideration to - 5 - HC-KAR NC: 2025:KHC:53829 WP No. 2530 of 2025 the Assistant Commissioner who is to take note of the observations made in W.P.No.28021/2025 and apply mind to the legal consequence of omission of Sections 79-A and 79-B and pass orders. Petitioner to appear before the Assistant Commissioner without further notice on 05.01.2026. 9. Accordingly, the writ petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VP List No.: 1 Sl No.: 42