- 1 - HC-KAR NC: 2025:KHC:45172 WP No. 32954 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 32954 OF 2025 (LR-) BETWEEN: 1. SRI N. RAJESH, S/O LATE P. NARAYAN, AGED ABOUT 53 YEARS, RESIDING AT NO.23, 8TH CROSS, ROYSINGH LAYOUT, SULIBELE ROAD, HOSKOTE - 562114 2. SRI N. DILIP S/O LATE P NARAYAN, AGED ABOUT 51 YEARS RESIDING AT NO.23, 8TH CROSS, ROYSINGH LAYOUT, SULIBELE ROAD, HOSKOTE - 562114 …PETITIONERS (BY SRI. S KALYAN BASAVARAJ.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING,DR. AMBEDKAR VEEDHI BENGALURU - 560001. 2. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB-DIVISION DODDABALLAPUR - 561203 3. THE TAHSILDAR,HOSKOTE TALUK HOSKOTE - 562114 …RESPONDENTS (BY SRI.V. SESHU, HCGP) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45172 WP No. 32954 of 2025 THIS WRIT PETITION UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA IS FILED PRAYING TO-QUASH THE IMPUGNED ORDER DTD 31.08.2018 PASSED BY THE R-2 IN CASE NO. LRF.SR(HO) 239/2012-13, PRODUCED AT ANNX-A DIRECT THE R-2 TO REMOVE THE ENTRIES OF THE LAND BEING RESUMED IN THE REVENUE RECORDS GRANT AN INTERIM ORDER TO PENDING DISPOSAL OF THE ABOVE WP TO DIRECT THE R-3 NOT TO DISPOSSESS THE PETITIONERS FROM THEIR LAWFUL POSSESSION WITH RESPECT TO THE LANDS IN QUESTION IN THE ABOVE CASE. 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 petitioners have sought for issuance of writ of certiorari to set aside the order at Annexure-A passed by the Assistant Commissioner. The Assistant Commissioner had initiated proceedings Under Section 79 A and B of the Karnataka Land Reforms Act and having found that there was violation of the provision of the Land Reforms Act had declared the sale deed dated 10.09.2008 as being illegal and directed the State Government to resume the possession. - 3 - HC-KAR NC: 2025:KHC:45172 WP No. 32954 of 2025 2. The said order was challenged before the Karnataka Appellate Tribunal, but however, it appears that by bonafide lapse as contended by the counsel for the petitioners, the appeal before the Karnataka Appellate Tribunal came to be dismissed for non-prosecution as per order dated 08.11.2022. 3. It is noticed that as on such date there was a amendment made to the Karnataka Land Reforms Act and the provisions of 79 A and B had been omitted way back in the year 2020. 4. It is to be seen that if as on this date when Section 79 A and B have been omitted, the remanding of the matter back to Karnataka Appellate Tribunal to consider challenge as against the order of the Assistant Commissioner would remain an academic exercise. Taking note of the amendment to the Karnataka Land Reforms Act, it would be appropriate that the order of the Assistant Commissioner is set aside and the matter is remitted to the Assistant Commissioner to re-consider the matter after - 4 - HC-KAR NC: 2025:KHC:45172 WP No. 32954 of 2025 taking note of the observations made in WP.No.25710/2025 and W.P.No.25707/2025. and pass orders. The petitioners to be present before the Assistant Commissioner without awaiting further notice on 24.11.2025. 5. Learned Additional Government Advocate accepts notice for the respondents. 6. Accordingly, the petition stands disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE HR