- 1 - NC: 2025:KHC:11322 WP No. 2377 of 2025 C/W WP No. 2354 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 2377 OF 2025 (LR) C/W WRIT PETITION NO. 2354 OF 2025 (LR-RES) IN WP No. 2377/2025 BETWEEN: 1. SRI NELAPAATI MUKUNDESWAR S/O N SANJEEVAPPA, AGED ABOUT 56 YEARS, R/A NO. 65, 1ST CROSS, KOPPAGAL ROAD,BELLARY - 583 101 …PETITIONER (BY SRI. R SHASHI KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560001 REP BY ITS PRINCIPAL SECRETARY. 2. THE ASSISTNT COMMISSIONER TIPATUR SUB-DIVISION, TIPATUR - 572201 3. THE TAHSILDAR CHIKKANAYAKANAHALLI TALUK, CHIKKANAYAKANAHALLI TUMAKURU DISTRICT - 572 214 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11322 WP No. 2377 of 2025 C/W WP No. 2354 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH/SET ASIDE THE ORDER DTD 27.07.2015 PASSED BY THE R-2 IN LRF 79 (A) AND (B) CR 38/2012-13 (ANNX-A) HOLDING THE SAME AS ILLEGAL AND ALLOW THE WP FILED BY THE PETITIONER AND CONSEQUENTLY DIRECT THE R-2 TO TRANSFER/RESTORE THE KATHA IN THE NAME OF THE PETITIONER IN RESPECT OF THE LAND IN BEARING SY NO. 140 MEASURING 3 ACRES SITUATED AT BYALAKERE VILLAGE, KASABA HOBLI, CHIKKANAYAKANAHALLI TALUK , TUMKURU DIST GRANT AN INTERIM ORDER TO STAYING THE OPERATION OF THE IMPUGNED ORDER 27.7.2015 PASSED BY THE R-2 IN NO. LRF 79(A) AND (B) CR 38/2012-13 IN RESPECT OF THE LAND BEARING SY NO. 140 MEASURING 3 ACRES, SITUATED AT BYALAKERE VILLAGE, KASABA HOBLI, CHIKKANAYAKANAHALLI TALUK , TUMKURU DISTRICT, ETC. IN WP NO. 2354/2025 BETWEEN: 1. SRI NELAPAATI MUKUNDESWAR S/O N SANJEEVAPPA, AGED ABOUT 56 YEARS, R/A NO.65, 1ST CROSS, KOPPAGAL ROAD, BELLARY - 583101. ...PETITIONER (BY SRI. R SHASHI KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA BENGALURU - 560001 REP BY ITS PRINCIPAL SECRETARY. 2. THE ASSISTANT COMMISSIONER TIPATUR SUB-DIVISION, TIPATUR - 572 201. 3. THE TAHSILDAR - 3 - NC: 2025:KHC:11322 WP No. 2377 of 2025 C/W WP No. 2354 of 2025 CHIKKANAYAKANAHALLI TALUK, CHIKKANAYAKANAHALLI TUMAKURU DISTRICT - 572 214 ...RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/SET ASIDE THE ORDER DATED 27.07.2015, PASSED BY THE 2ND RESPONDENT IN LRF 79 (A) AND (B) CR-37/2012-13 (ANNEXURE-A), HOLDING THE SAME AS ILLEGAL AND ALLOW THE WRIT PETITION FILED BY THE PETITIONER AND CONSEQUENTLY DIRECT THE RESPONDENT NO.2 TO TRANSFER/RESTORE THE KATHA IN THE NAME OF THE PETITIONER IN RESPECT OF THE LAND IN BEARING SY NO-37/4, MEASURING 4 ACRES, SITUATED AT TONNALAPURA VILLAGE, KASABA HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMAKUR DISTRICT, ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioners purchased the lands bearing Sy.No.140, measuring 3 acres and Sy.No.37/4 measuring 4 acres under the two registered sale deeds for the sale consideration of Rs.1,50,000/- and Rs.1,60,000/-. - 4 - NC: 2025:KHC:11322 WP No. 2377 of 2025 C/W WP No. 2354 of 2025 2. Proceedings were thereafter initiated for contravention of Section 79A and 79B of the Karnataka Land Reforms Act by the Assistant Commissioner and the Assistant Commissioner by the impugned orders has held that, the petitioners have not established that their income was within the prescribed limit and, therefore, the lands were required to be vested in the State. 3. In both these cases, the Assistant Commissioner had sought for a report from the Tahsildar of Vidapanakal of Ananthapur District and has recorded the following finding in his order: " ºÁUÀÆ vÀºÀ²Ã¯ÁÝgï, «zÀ¥ÀAPÀ¯ï, C£ÀAvÀ¥ÀÅgÀ f¯Éè gÀªÀjAzÀ ¥ÀqÉzÀÄ ¸À°è¹gÀĪÀ DzÁAiÀÄ ªÀÄvÀÄÛ ¹ÜgÁ¹ÜAiÀÄ zÀÈrüÃPÀgÀt ¥ÀvÀæzÀ ¸ÀASÉå: (©) 471/2014 ¢£ÁAPÀ:19-11-2014 gÀ jÃvÁå J£ï. ªÀÄÄPÀÄAzÉñÀégÀ ©£ï J£ï. ¸ÀAfêÀ¥Àà, ¤A§UÀ¯ï UÁæªÀÄ, GgÀĪÀPÉÆAqÀ ªÀÄAqÀ® gÀªÀjUÉ gÀÆ. 1,21,600-00 (MAzÀÄ ®PÀëzÀ E¥ÀàvÉÆÛAzÀÄ ¸Á«gÀzÀ DgÀÄ£ÀÆgÀÄ gÀÆ¥Á¬ÄUÀ¼ÀÄ ªÀiÁvÀæ) UÀ¼ÀÄ ªÁ¶ðPÀªÁV ªÀåªÀ¸ÁAiÀÄ¢AzÀ DzÁAiÀĪÀ£ÀÄß ºÉÆA¢gÀĪÀÅzÁV zÀÈrüÃPÀj¹gÀÄvÁÛgÉ. " - 5 - NC: 2025:KHC:11322 WP No. 2377 of 2025 C/W WP No. 2354 of 2025 4. As could be seen from the said finding, the Assistant Commissioner accepts the fact that the Tahsildar of the concerned taluka from where the petitioners hailed had endorsed that the annual income of the petitioners was only Rs.1,21,600/- and this income was lower than the annual limit of Rs.2,00,000/- prescribed at the relevant point of time. 5. Once the Assistant Commissioner has secured this report, the further finding of the Assistant Commissioner in the impugned order that the petitioners have not produced adequate records to indicate their actual income cannot be accepted. 6. In that view of the matter, in my view, the impugned order cannot be sustained and, same is accordingly quashed. 7. This writ petition is thus allowed. - 6 - NC: 2025:KHC:11322 WP No. 2377 of 2025 C/W WP No. 2354 of 2025 8. If the revenue entries have been changed pursuant to the impugned order, the same shall be restored in favor of the petitioners. 9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR,List No.: 1 Sl No.: 8