Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 64734 (KAR)

SMT KAMARUNNISA W/O ABDUL KHADHIR BASHA HASAN BAPU v. THE DEPUTY COMMISSIONER

WP/108121/2025 · 2025-11-20

Anant Ramanath Hegde

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:16000 WP No. 108121 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 108121 OF 2025 (KLR-RR/SUR) BETWEEN: SMT. KAMARUNNISA W/O ABDUL KHADHIR BASHA HASAN BAPU, AGE. 68 YEARS, OCC. HOUSEHOLD WORK, R/O. BHASHA COLONY, MANKI, TQ. HONNAVAR, DIST. KARWAR-581 348. … PETITIONER (BY SRI. PRANAV UMESH BADAGI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, KARWAR DISTRICT, KARWAR-581 334. 2. THE ASSISTANT COMMISSIONER, KARWAR DISTRICT, KARWAR-581 334. 3. THE TAHASILDAR, HONNAVAR, OFFICE OF TAHASILDAR, HONNAVAR, DIST. U.K.-581 334. … RESPONDENTS (BY SMT. MALA B.BHUTE, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH OR ISSUE A WRIT OF CERTIORARI QUESTIONING THE IMPUGNED ENDORSEMENT VIDE ANNEXURE-E, DATED 06/06/2024, IN LRM//235/2023-24, AS IT IS ILLEGAL AND CONSEQUENTLY A DIRECTION BE ISSUED TO THE RESPONDENT TO DELETE THE NAME OF THE STATE IN REVENUE RECORDS PERTAINING TO THE PROPERTY HOUSE NO.695, MEASURING 0-5-0, IN SY.NO.136/2, SITUATED AT MANKI VILLAGE, TQ. HONNAVAR, DIST. UTTAR KANNADA, BY ALLOWING THIS WRIT PETITION TO MEET THE ENDS OF JUSTICE. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.26 11:35:30 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16000 WP No. 108121 of 2025 THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 06.06.2024 passed by the Assistant Commissioner (Tahasildar) confiscating the petitioner’s property for violation of Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 (for short ‘Act, 1961’). 2. Learned counsel for the petitioner would submit that Section 79A and Section 79B of the Act of 1961 have been omitted by way of substitution and the Co-ordinate Bench of this Court has held that since the provisions are omitted by way of substitution, it is to be deemed as if the said provisions were not in place in the Act from the date of enactment itself. Thus, he would contend that the impugned order confiscating the property for alleged violation of Section 79A and 79B of the Act of 1961 is illegal. 3. This Court vide order dated 10.11.2025 has directed the Additional Government Advocate to produce the records to ascertain as to whether the land in question has been granted to - 3 - HC-KAR NC: 2025:KHC-D:16000 WP No. 108121 of 2025 any 3rd party after cancellation of mutation entry No.441/2006- 07. So far, records have not been produced. 4. Learned Government Advocate submits that the property is not yet transferred to any 3rd party. 5. Under these circumstances, the impugned order at Annexure-E is set aside. 6. Respondents shall restore the name of the petitioner in the property records within 30 days from the date of receipt of certified copy of this order. 7. With these observations, the petition is allowed. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP CT:BCK LIST NO.: 1 SL NO.: 66