- 1 - NC: 2025:KHC:15698 WP NO.17263 OF 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE N.S. SANJAY GOWDA WRIT PETITION NO.17263 OF 2021 (LR) BETWEEN: ABHYUDAYA EDUCATIONAL TRUST A REGISTERED TRUST HAVING ITS REGISTERED OFFICE AT: NO.208, WESTMINSTER, NO.13, CUNNINGHAM ROAD, BENGALURU -560 052. REP. BY ITS MANAGING TRUSTEE AND CHAIRMAN M. KRISHNA, S/O LATE MUNIVENKATAPPA AGED ABOUT 66 YEARS. …PETITIONER (BY SRI. MANJUNATH K.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO DEPARTMENT OF REVENUE. M.S. BUILDING, DR. AMBEKDAR VEEDHI BENGALURU -560 001. 2. HIGH POWER COMMITTEE CONSTITUTED FOR PURPOSE OF S.109 OF KARNATAKA LAND REFORMS ACT, 1961 REP. BY THE CHIEF SECRETARY TO STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU - 560 001. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15698 WP NO.17263 OF 2021 3. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BEHIND KANDAYA BHAVANA, OLD TALUK CUTCHERY ROAD, BENGALURU - 560 009. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE AMENDMENT EFFECTED BY SUBSTITUTION OF THE PROVISO INSERTED EARLIER BY ACT NO.27/2014 BY AMENDING ACT 09/2019 W.E.F 20.11.2019 AS BEING UNCONSTITUTIONAL VIOLATIVE OF ARTICLES 14 AND 21 OF CONSTITUTION OF INDIA; DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER VIDE ANENXURE-B DATED 01.07.2015 IN THE LIGHT OF THE DIRECTIONS ISSUED BY THIS HON'BLE COURT VIDE ORDER DATED 31.03.2017 IN WRIT PETITION NO.47332 OF 2016 (LR-RES) VIDE ANENXURE- D AS PER THE PROVISIO AS IT STOOD PRIOR TO THE INSERTION BY AMENDING ACT 09/2019; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE N.S. SANJAY GOWDA ORAL ORDER 1. The petitioner-Trust had applied for securing an exemption under Section 109 of the Land Reforms Act to purchase certain lands for the purpose of Educational Trust that it was running and on the basis of the said permission, the petitioner-Trust acquired the said lands. Since the petitioner-Trust turned to financial difficulties, the proceedings had - 3 - NC: 2025:KHC:15698 WP NO.17263 OF 2021 been initiated against the petitioner-Trust for recovering the loans that it had availed of and as a consequence, the petitioner-Trust approached the respondent No.3-Deputy Commissioner under Section 109(2) of the Karnataka Land Reforms Act, seeking permission to enter into a Joint Development Agreement with M/s. Vaishnavi Infrastructure Pvt. Ltd. Since, the said application has remained unconsidered and since the provisions under which they have been granted permission stipulates that the exemption would be available only for the purpose for which it is granted and no change of purpose was required, the petitioner-Trust is before this Court challenging the amendment made to Act No.27/2014 by Act No.09/2019. 2. It cannot be disputed that the permission at Section 109 of the Karnataka Land Reforms Act is granted by issuance of Notification by the Government so as to exempt any land in the area from the provisions of Sections 63, 79A, 79B or 80 of the Land Reforms Act - 4 - NC: 2025:KHC:15698 WP NO.17263 OF 2021 to be utilised by the Educational Institutions for non- agricultural purposes to an extent of eight units. However, the legislature decided to amend Sections 79A and 79B of the Karnataka Land Reforms Act by amending the Land Reforms Act. As a consequence, there can be no contravention of Sections 79A and 79B of the Karnataka Land Reforms Act, if non- agriculturists such as the petitioner-Trust acquire or holds the land. If pursuant to the amendment of Land Reforms Act, the petitioner would be entailed to hold the agricultural land that it has purchased under a due exemption, the petitioner-Trust is entitled to hold the land independent of the said exemption by virtue of the omission of Sections the resultant position, the question of the petitioner-Trust seeking for any exemption to convey the land that it had purchased by securing exemption under Section 109 of the Karnataka Land Reforms Act would not arise. Consequently, it is hereby clarified that the petitioner-Trust would be entitled to use the land - 5 - NC: 2025:KHC:15698 WP NO.17263 OF 2021 that it had purchased for any purpose in accordance with law and it would not require an exemption or a permission to deal with the land under Section 109 of the Karnataka Land Reforms Act. 3. With the above observation, writ petition stands disposed of. SD/- (N S SANJAY GOWDA) JUDGE ARK List No.: 1 Sl No.: 33