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2025 DAILYLAW 23129 (KAR)

LAKSHMANASA AND CO., v. THE STATE OF KARNATAKA

WP/11692/2025 · 2025-04-24

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:16771 WP No. 11692 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11692 OF 2025 (LR) BETWEEN: 1. LAKSHMANASA AND CO., BENGALURU A REGISTERED PARTNERSHIP FIRM REGISTERED IN THE OFFICE OF THE REGISTRAR OF FIRMS AND ESTABLISHMETS REPRESENTED BY ITS PARTNER SRI K H RADHESHYAM AGED ABOUT 55 YEARS RA/T NO. 9, SHESHADRI ROAD BENGALURU 560 009 …PETITIONER (BY SRI. SHIVARAMA BHAT O., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT MULTI STORIED BUILDING DR. AMBEDKAR VEEDHI BENGALURRU 560 001 2. THE ASSISTANT COMMISSIONER BENGALURU RURAL KANDAYA BHAVAN, K G ROAD BENGALURU 560 009. 3. THE TAHSILDAR ANEKAL TALUK, ANEKAL 560 105. …RESPONDENTS (BY SMT. CHANDINI.S., HCGP) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16771 WP No. 11692 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 30.09.1996 PASSED BY THE R-2 IN NO. L.R.F (83) 307/86-87 VIDE ANNX-A AND GRANT AN INTERIM ORDER TO PENDING DISPOSAL OF THE AFORESAID WP TO STAY OF THE ORDER DTD 30.09.1996 PASSED BY THE R-2 IN NO. L.R.F (83) 307/86-87 VIDE ANNX-A OR ALTERNATIVELY GRANT AN ORDER OF STATUS QUO IN RESPECT OF THE LAND BEARING SY NO. 184 SITUATED AT BUKKASAGARA VILLAGE OF JIGANI HOBLI, BENGALURU DISTRICT. THIS PETITION, 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. These facts are not in dispute: 2. On 17.08.1981, a sale deed was executed in favour of V.A.Bhogish Kumar, who was the vendor of the petitioner. 3. On 16.07.1986 at the request of Bhogish Kumar, this land was permitted to be used for non-agricultural purposes as contemplated under Section 95 of the Karnataka Land Revenue Act. Bhogish Kumar thereafter executed six registered sale deeds in favor of the petitioner on 01.04.1987. Thus, it is clear that - 3 - NC: 2025:KHC:16771 WP No. 11692 of 2025 the petitioner had purchased converted land in the year 1987. 4. However, it appears that in year 16.04.1986 a report was received by the Assistant Commissioner that the sale made in favor of Bhogish Kumar contravened Section 79A and 79B of the Karnataka Land Revenue Act and, therefore, proceedings were required to be initiated. This has culminated in an order of forfeiture on 30.09.1996. 5. As could be seen from the above facts, notwithstanding the fact that a report was received on 16.04.1986 by the Assistant Commissioner regarding an alleged contravention of Section 79A and Section 79B of the Act, the very same Assistant Commissioner had permitted the use of this land for non-agricultural purposes on 16.07.1986. 6. Once the Assistant Commissioner permitted Bhogish Kumar to use the land for non-agricultural purposes, - 4 - NC: 2025:KHC:16771 WP No. 11692 of 2025 the question of him continuing the proceedings for alleged violation of Section 79A and 79B would not arise. The petitioner being a company has fundamentally purchased a converted land in the year 1987 and the sale deed under which his vendor had acquired title in the year 1986 cannot be nullified by an order passed in the year 1996. 7. I am therefore of the view that the impugned order cannot be sustained and the same is quashed. Revenue entries, if any, mutated in favor of the State shall be deleted and, the name of the petitioner shall be restored in the revenue records. 8. This writ petition is accordingly allowed. 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.: 21