- 1 - HC-KAR NC: 2025:KHC-D:11143 WP No. 105111 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 105111 OF 2025 (LR) BETWEEN: BIBIKAIRUNNISA W/O. MOHAMED KHAYAS ABUMOHAMMED, AGE: 52 YRS, OCC: AGRICULTURE AND HOUSE HOLD, R/O: MANKI – 581 348, TQ: HONNAVAR, DIST: UTTAR KANNDA. …PETITIONER (BY SRI. D. J. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE ASSISTANT COMMISSIONER, BHATKAL – 581 320, TQ: HONAVAR, DIST: UTTAR KANNDA. 2. THE DEPUTY COMMISSIONER, DIST: UTTAR KANNADA – 581 301, NIL RESPONDENT NO.2. 3. THE TAHASHILDAR, HONAVAR – 581 334, TQ: HONAVAR, DIST: UTTAR KANNADA. 4. CHANDRAKANTH VITOB MAHALE, AGE: 52 YRS, R/O: C/O: RAMESH, MANKI, OCC: AGRICULTURIST MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:11143 WP No. 105111 of 2025 AND HOUSEHOLD, TQ: HONAVAR, DIST: UTTAR KANNDA – 581 348. 5. SHRIKANTH VITOB MAHALE, AGE: 55 YRS, OCC: AGRICULTURIST AND HOUSEHOLD, R/O: C/O. RAMESH MANKI, TQ: HONAVAR, DIST: UTTAR KANNDA 581 348. 6. VISHNU JANARDHAN MAHALE, AGE: 45 YRS, R/O: C/O. RAMESH MANKI, OCC: AGRICULTURIST AND HOUSEHOLD, TQ: HONAVAR, DIST: UTTAR KANNDA – 581 348. 7. TULASIDHASA JANARDHAN MAHALE, AGE: 42 YRS, OCC: AGRICULTURIST AND HOUSEHOLD, R/O: C/O. RAMESH MANKI, TQ: HONAVAR, DIST: UTTAR KANNDA – 581 348. 8. RAMESH JANARDHAN MAHALE, AGE: 40 YRS, OCC: AGRICULTURIST AND HOUSEHOLD, R/O: C/O. MANKI – 581 348, TQ: HONAVAR, DIST: UTTAR KANNDA. 9. GANGADHAR ANANTH MAHALE, AGE: 38 YRS, OCC AGRICULTURIST AND HOUSEHOLD, R/O: C/O. MANKI – 581 348, TQ: HONAVAR, DIST: UTTAR KANNDA. 10. JAYANT NARASHIMHA MAHALE, AGE: 41 YRS, OCC: AGRICULTURIST AND HOUSEHOLD, R/O: C/O: MANKI – 581 348, TQ: HONAVAR, DIST: UTTAR KANNDA. - 3 - HC-KAR NC: 2025:KHC-D:11143 WP No. 105111 of 2025 11. PRABHAKAR NARASHIMHA MAHALE, AGE: 56 YRS, OCC: AGRICULTURIST, AND HOUSEHOLD, R/O: C/O: MANKI – 581 348, TQ: HONAVAR, DIST UTTAR KANNDA. 12. DAMODHAR NARASHIMHA MAHALE, AGE: 41 YRS, OCC: AGRICULTURIST AND HOUSEHOLD, R/O: C.O. RAMESH MANKI, TQ: HONAVAR, DIST: UTTAR KANNDA – 581 348. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE QUASH THE ORDER DATED 28/09/2006 BEARING NO. SANKE- BOOSU/AP/SR/15/2001-02 PASSED BY THE RESPONDENT NO.3. VIDE ANNEXURE-B. QUASH THE ORDER DATED 18/02/2013 APPEAL NO.187/2007 (CH-2) (BELGAUM CAMP) PASSED BY THE KARNATAKA APPELLATE TRIBUNAL BANGALORE. VIDE ANNEXURE-E. QUASH THE ENDORSEMENT DATED 26/06/2024 BEARING NO. LRM/VIVA/236/2023-24 PASSED BY THE RESPONDENT NO.3. VIDE ANNEXURE-G. ISSUE WRIT OF MANADAMUS DIRECTING THE R-3 TO RESTORE THE NAME OF THE PETITIONER IN THE REVENUE RECORDS IN RESPECT LAND SURVEY NO. 126/2 TO THE EXTENT OF 0-10-0 AT MANKI VILLAGE AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER - 4 - HC-KAR NC: 2025:KHC-D:11143 WP No. 105111 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. This petition is filed by the petitioner challenging the order dated 28.09.2006 passed by respondent No.3 vide Annexure-B, and the order dated 18.02.2013 passed by the Karnataka Appellate Tribunal, Bengaluru, vide Annexure-E, the endorsement dated 26.06.2024 issued by respondent No.3 vide Annexure-G and sought for a writ of mandamus directing respondent No.3 to restore the name of the petitioner in the revenue records in respect of the land bearing Survey No.126/2 to the extent of 0-10-0 of Manki Village. 2. The brief facts leading rise to the filing of this petition are as follows: The petitioner submitted a representation before respondent No.1. However, respondent No.1 had not taken any steps to consider the representation submitted by the petitioner and has not passed any order on the same. Thus, the petitioner filed the - 5 - HC-KAR NC: 2025:KHC-D:11143 WP No. 105111 of 2025 present petition seeking a writ of mandamus directing respondent No.1 to consider the representation submitted by the petitioner. 3. It is contended by the petitioner that, she is not an income tax assessee. The petitioner had produced a certificate before the Karnataka Appellate Tribunal. Thus the burden shifts on respondent No.2 to show that the petitioner had an income source other than agriculture, and that the income exceeded the prescribed limit of ₹2,00,000/-, and the burden was not discharged by respondent No.2. Hence, the petitioner, aggrieved by the orders passed by the respondents, filed this petition. 4. Heard the learned counsel for the petitioner and also learned Addl. Government Advocate for the respondent-State. 5. Admittedly, pursuant to the Amendment to the Karnataka Land Reforms (Amendment) Act, 2020, - 6 - HC-KAR NC: 2025:KHC-D:11143 WP No. 105111 of 2025 Sections 79A, 79B, and 79C of the Karnataka Land Reforms Act, 1961 were omitted with effect from 01.03.1974. In view of the same, the order dated 28.09.2006 passed by the Assistant Commissioner vide Annexure-B, the order dated 18.02.2013 passed by the Karnataka Appellate Tribunal, Bengaluru vide Annexure-E and the order dated 26.06.2024 passed by Respondent No.3-the Tahasildar, Honnavar vide Annexure-G are abated. 6. In view of the above observation, I proceed to pass the following: ORDER i. The Writ petition is allowed. ii. The Order dated 28.09.2006 passed by the Assistant Commissioner vide Annexure-B, order dated 18.02.2013 passed by Karnataka Appellate Tribunal, Bengaluru, vide Annexure-E and the order - 7 - HC-KAR NC: 2025:KHC-D:11143 WP No. 105111 of 2025 dated 26.06.2024, passed by respondent No.3 vide Annexure-G, are set aside. iii. Respondent No. 3 is directed to restore the name of the petitioner in the revenue records in respect of land bearing Survey No.126/2 to the extent of 0- 10-0 at Manki Village, within a period of 6 weeks from the date of receipt of a copy of this order. Sd/- (ASHOK S. KINAGI) JUDGE gab CT-ASC List No.: 2 Sl No.: 22