- 1 - HC-KAR NC: 2025:KHC:38591 WP No. 36253 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.36253 OF 2024 (LR-RES) BETWEEN: SMT L BHAGYALAKSHMAMMA SINCE DECEASED BY LRS SMT. MANJULA K.V, D/O LATE L.R.VENKATESH DAS AND L.BHAGYALAKSHMAMMA W/O BALAKRISHNAIAH TALETI, AGED ABOUT 51 YEARS, R/AT C/O L.JANAKI, NO.4/76, 9TH MAIN, SRINIVAS NAGAR, BSK 1ST STAGE, BENGALURU-560050. …PETITIONER (BY SRI. HEMANTH KUMAR G M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, M.S BUILDING, REVENUE DEPARTMENT, BANGALORE-01 2. THE ASSISTANT COMMISSIONER, RAMANAGAR SUB DIVISION, RAMANAGAR-571511 3. THE TAHSILDAR KANAKAPURA TALUK, KANAKAPURA-571511 …RESPONDENTS (BY SRI.K.P.YOGANNA., AGA) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38591 WP No. 36253 of 2024 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY R2 IN LRF 79(A) AND 79(B) 12/2024-25 DATED 02/09/2024 AS ANNX-A AND ALLOW THIS APPEAL WITH COST, AND GRANT SUCH OTHER RELIEFS.GRANT AN INTERIM ORDER TO STAY THE OPERATION AND EXECUTION OF IMPUGNED ORDER BEARING LRF.79(A) AND 79(B) 12/2024-25 DATED 02/09/2024 PASSED BY R2 FOUND AT ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER This writ petition is filed by the legal heirs of Late Smt.L.Bhagyalakshmamma against whom proceedings were initiated by the Assistant Commissioner, being aggrieved of the impugned order at Annexure-A, passed by the Assistant Commissioner, Ramanagara Sub-Division. 2. It is an undisputed fact that at the instance of the Tahasildar, Kanakapura Taluk, the Assistant Commissioner, Ramanagara Sub-Division, initiated proceedings under the provisions of Sections 79A & B of the Karnataka Land Reforms Act, 1961 in proceedings - 3 - HC-KAR NC: 2025:KHC:38591 WP No. 36253 of 2024 bearing No.LRF 79(A&B) 03/2014-15 against Smt.L.Bhagyalakshmamma for violation of the said provisions while the petitioner purchased 10 guntas each in Sy.No.49/2 & 49/3,situated at Yadamadu Village, Harohalli Hobli, Kanakapura Taluk, under the registered Sale Deed dated 12.12.2013. The Assistant Commissioner records a finding that although notices are issued to the respondent therein, she remained absent, but her son Sri. Shivaraju appeared before the Assistant Commissioner and submitted that Smt.Bhagyalakshmamma is a cashier working in the Karnataka Electricity Board and that she retired about 10 years ago (as on the year 2015). The Assistant Commissioner proceeded to allow the petition filed by the Tahasildar and declared that the sale deed dated 12.12.2013 is in violation of the provisions contained in Sections 79A and B of the Act and accordingly forfeited the lands in favour of the Government. Smt.Bhagyalakshmamma filed an appeal before the Karnataka Appellate Tribunal in Appeal No.571/2017 and - 4 - HC-KAR NC: 2025:KHC:38591 WP No. 36253 of 2024 the Karnataka Appellate Tribunal passed an order holding that the proceedings initiated under Section 83 of the Act at the hands of the Assistant Commissioner and which was pending consideration before the Tribunal, are abated having regard to the omission of the provisions of Section 79A and B from the statute book and the savings clause. 3. The grievance of the petitioner however is that although the proceedings were initiated by the Tahasildar before the Assistant Commissioner, in respect of Survey Nos.49/2 and 49/3, nevertheless in the order of the Assistant Commissioner dated 07.12.2016 what is mentioned is only Sy.No.49/2 measuring 10 guntas. When the petitioner approached the revenue authorities to restore the name of the petitioner in the land records, the Tahasildar pointed out that what was set aside by the Karnataka Appellate Tribunal as abated is the proceedings initiated in respect of Sy No.49/2 only and not in respect of Sy.No.49/3. It is also an admitted fact that Sy.No.49/2 is renumbered as 49/6 and similarly Sy.No.49/3 is - 5 - HC-KAR NC: 2025:KHC:38591 WP No. 36253 of 2024 renumbered as Sy.No.49/8. In this regard, the petitioner once again approached the Assistant Commissioner seeking necessary orders and the Assistant Commissioner has passed the impugned order at Annexure-A only clarifying the change in the survey numbers and the Assistant Commissioner has directed that there is no other change in the order. 4. In the considered opinion of this Court, it is clear from the material placed on record that although proceedings were initiated in respect of both survey numbers which were purchased under the same sale deed dated 12.12.2013, however by inadvertence what is shown in the operative portion of the order passed by the Assistant Commissioner at Annexure-F dated 07.12.2016 is Sy.No.49/2 measuring 10 guntas only. The petitioner has also not noticed this inadvertence and went before the Karnataka Appellate Tribunal questioning the order passed by the Assistant Commissioner only in respect of - 6 - HC-KAR NC: 2025:KHC:38591 WP No. 36253 of 2024 Sy.No.49/2. In that view of the matter, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) It is clarified that the orders passed by the Assistant Commissioner at Annexure-F dated 07.12.2016 in proceedings bearing No.LRF 79 (A&B)03/2014-15 pertains to both the survey numbers viz., old Sy.Nos.49/2 and 49/3 (new Sy.Nos.49/6 and 49/8 respectively) measuring 10 guntas each. Therefore, if the Karnataka Appellate Tribunal has set aside the orders passed by the Assistant Commissioner, it is in respect of both the survey numbers. (iii) The respondent No.3 – Tahasildar is hereby directed to restore the name of Smt.Bhagyalakshmamma in the revenue records in respect of Old Sy. Nos.49/2 and - 7 - HC-KAR NC: 2025:KHC:38591 WP No. 36253 of 2024 49/3 (new Sy.Nos.49/6 and 49/8 respectively), measuring 10 gutnas each. (iv) The restoration of the name of the petitioner’s mother late Smt. L.Bhagyalakshmamma in the RTC shall be made by the Tahasildar within a period of six weeks from the date of receipt of a copy of this order. Thereafter the petitioners are permitted to file necessary application seeking mutation entry in their names on the strength of their succeeding to the property of Late Smt.L.Bhagyalakshmamma. The Tahasildar shall consider such application in accordance with law and pass necessary orders within a period of two months from the date when the application will be filed by the petitioner herein. Sd/- (R DEVDAS) JUDGE KLY: CT: JL