PURANDAR VENKATARAY JANNU v. THE STATE OF KARNATAKA
WP/107633/2025 · 2025-10-29
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61539 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61539 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14526 WP No. 107633 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107633 OF 2025 (LR)
BETWEEN:
PURANDAR VENKATARAY JANNU, AGE. 60 YEARS, OCC. BUSINESS, R/O. NO.15, 21ST MAIN, 3RD CROSS, II STAGE, B.T.M. LAYOUT, BENGALURU-560 076.
… PETITIONER (BY SRI. SANTOSH D.NARGUND, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHAN SOUGHA, BENGALURU-560 001.
2.
THE ASSISTANT COMMISSIONER, SIRSI DIVISION, OFFICE OF THE ASSISTANT COMMISSIONER, SUB-DIVISION, SIRSI-581 401.
3.
THE DEPUTY COMMISSIONER, UTTAR KANNADA, OFFICE OF THE DEPUTY COMMISSIONER,
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
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HC-KAR NC: 2025:KHC-D:14526 WP No. 107633 of 2025
UTTAR KANNADA DISTRICT, KARWAR-581 301.
4.
THE REGIONAL COMMISSIONER, BELAGAVI DIVISION, BELAGAVI-590 002.
5.
THE TAHSILDAR, SIRSI, OFFICE OF THE TAHSILDAR, SIRSI-581 401, DIST. UTTAR KANNADA.
… RESPONDENTS (BY SMT. MALA B. BHUTE, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE
ORDER DATED 05/12/2016 IN BHOOSU/79AB/VIVA/23/2016-17, DECLARING THAT THE PETITIONER HAVE ACQUIRED LAND BEARING SY.NO.226/10 MEASURING 5 GUNTHAS 1 ANNA SITUATED AT SIRSI TALUK, IN VIOLATIONS OF THE PROVISIONS OF THE SECTION 79-A AND 79-B OF THE KARNATAKA LAND REFORMS ACT, 1961,B AND DECLARES THAT, THE SECTION 79-A OF THE KARNATAKA LAND REFORMS ACT, 1961 IS UNCONSTITUTIONAL.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:14526 WP No. 107633 of 2025
ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)
The petition is filed assailing the order dated 05.12.2016 passed by the Assistant Commissioner, Sirsi, in terms of which, the Assistant Commissioner has confiscated the petition properties on the premise that the sale transaction in favour of the petitioner violates Section 79A and B of the Karnataka Land Reforms Act, 1961 (‘Act of 1961’).
2. Admittedly, the petitioner purchased the property, which is an agricultural land on 31.03.2016. Section 79A and B of the Act of 1961 have been omitted in terms of amendment, which came into effect in the year 2020. The effect of the amendment is considered and adjudicated by the Co-ordinate Bench of this Court by holding that the omission has to take effect from the date on which it was introduced i.e. with effect from 03.07.1974.
3. That being the position, the issue raised in the present petition is covered in terms of the law laid down in
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HC-KAR NC: 2025:KHC-D:14526 WP No. 107633 of 2025
Smt.Madhukanta Patadia and others v. State of Karnataka and others1.
4. Accordingly, the petition is allowed.
5. Impugned order dated 05.12.2016 is quashed.
6. The respondents are directed to restore the name of the petitioner in the property records within 30 days from today.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
CLK CT:BCK LIST NO.: 1 SL NO.: 7
1 W.P.No.147188/2020