- 1 - HC-KAR NC: 2025:KHC:42880 WP No. 5492 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 5492 OF 2025 (LR) BETWEEN: SHRI. K. PURUSHOTHAM AGED ABOUT 59 YEARS, S/O LATE RAMANAIDU, R/A NO.68, 29TH MAIN ROAD, 2ND CROSS, BTM 1ST STAGE, BENGALURU-560 029. …PETITIONER (BY SRI. SABARISH GANDHI S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, REVENUE DEPARTMENT, DR. AMBEDKAR ROAD, BANGALORE - 560 001. 2. THE ASSISTANT COMMISSIONER REVENUE, KOLARA SUB-DIVISION, KOLAR DISTRICT-563101. 3. THE TAHSILDAR, SRINIVASAPURA TALUK, KOLAR DISTRICT-563135 …RESPONDENTS (BY SRI. SESHU.V., HCGP FOR R1 TO R3) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42880 WP No. 5492 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 09.03.2016 PASSED IN CASE NO.LRF CR 40/2013- 2014 BY THE R-2 WHICH IS PLACED AT ANNEXURE-C AND DIRECTING THE RESPONDENT TO MUTATE THE PETITIONER NAME IN ALL REVENUE RECORDS PERTAINING TO THE SAID LAND AND ETC. 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 Learned High Court Government Pleader accepts notice for all the respondents. 2. The petitioner has called in question the correctness of the order dated 09.03.2016 of the Assistant Commissioner, Kolar Sub-Division at Annexure-C, whereby the Assistant Commissioner had recorded a finding that transaction entered into with respect to land in Sy.No.134/2 measuring 1 Acre 33.08 Guntas and Sy.No.135/1 measuring 0-38 Guntas, both situated at - 3 - HC-KAR NC: 2025:KHC:42880 WP No. 5492 of 2025 Yadaruru village, Yelduru Hobli, Srinivasapura Taluk, relating to agricultural lands was in violation of provisions of Sections 79A and 79B of Karnataka Land Reforms Act, 1961 and accordingly, sale deed relating to the aforesaid extent of lands being in violation of the above said provisions are declared to be void and the Government was directed to forfeit the said lands. 3. Learned Counsel for the petitioner submits that possession has not been taken and by virtue of the amendment made to the Karnataka Land Reforms Act, 1961, on 13.07.2020, whereby provisions under Sections 79A and 79B came to be omitted. It is submitted that the Court may take note of the observations made by a co- ordinate Bench in W.P.No.25710/2025 and W.P.No.25707/2025 and pass appropriate orders. 4. The orders declaring the sale deed in violation of the provisions of Sections 79A and 79B of the Act, came to - 4 - HC-KAR NC: 2025:KHC:42880 WP No. 5492 of 2025 be passed on 09.03.2016. It is a specific assertion of the petitioner that possession has not been taken. 5. Learned High Court Government Pleader submits that such assertion is a matter of fact. 6. As to the legal consequences flowing from amendment of the said provisions, Co-ordinate Bench made certain observations in W.P.No.25710/2025 and W.P.No.25707/2025. 7. Accordingly, the order impugned at Annexure-C is set aside. The matter is remitted for fresh consideration to the Assistant Commissioner to take note of the observations made in W.P.No.25710/2025 and W.P.No.25707/2025 and other orders passed by co- ordinate Bench. 8. Needless to state that if possession was not taken and proceedings were required to be taken by the State pursuant to the order dated 09.03.2016, prima facie, such - 5 - HC-KAR NC: 2025:KHC:42880 WP No. 5492 of 2025 proceedings by the State to be initiated after the Amendment Act of 07.03.2020 would not be permissible. 9. Accordingly, the petition is disposed of. It is for the Assistant Commissioner to take note of the above discussion and pass appropriate orders. All contentions are kept open. 10. Petitioner to be present before the Assistant Commissioner without further notice on 10.11.2025. Sd/- (S SUNIL DUTT YADAV) JUDGE DL CT: JL