Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:42619 WP No. 25675 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 25675 OF 2025 (LR) BETWEEN:
SRI. A.P. PRASANNA, S/O.K. PARASAL REDDY AGED ABOUT 47 YEARS, R/A NO.99, 5TH CROSS, 24TH MAIN ROAD, HSR LAYOUT, BANGALORE - 560 102. …PETITIONER (BY SRI. RAMU S, ADVOCATE) AND:
1.
STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT REVENUE DEPARTMENT VIDHANA SOUDHA BANGALORE - 560 001.
2.
ASSISTANT COMMISSIONER DODDABALAPURA SUB-DIVISION DODDABALAPURA - 561 203.
3.
THE TAHASHILDAR HOSAKOTE TALUK DODDABALAPURA - 561 203. …RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER OF THE ASSISTANT COMMISSIONER, DODDABALAPURA SUB- Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:42619 WP No. 25675 of 2025 DIVISION, AT ANNEXURE-B IN CASE NO. IN LRF.SR(H) 310/2015-16 DATED 07/03/2020 IN DECLARING SALE DEED NO. HSK-1-06521/2014-15 DATED 03-12-2014 AS VOID 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 The petitioner has called in question the validity of the
order of the Assistant Commissioner, Doddaballapura Sub- Division at Annexure-B, whereby the Assistant Commissioner had recorded a finding that there were violations with respect to Section 79 (A)(B) of Karnataka Land Reforms Act, 1961 and declared that the sale deed is void and further directed the Government to take possession of the said land. The said order was passed on 07.03.2020. Meanwhile in terms of the amendment to the Karnataka Land Reforms Act, on 13.07.2020 Section 79 (A) and (B) came to be omitted.
2. Learned AGA appearing for the State upon instructions submits that possession of land was not yet taken pursuant to the direction in the order of the Assistant Commissioner at Annexure-B. However, it is submitted that
- 3 -
HC-KAR NC: 2025:KHC:42619 WP No. 25675 of 2025 the matter may be remanded to the Assistant Commissioner to enquire into the same and pass appropriate orders.
3. It is noticed that the order under Section 79 (A)(B) was passed on 07.03.2020. Subsequent to such declaration, possession is also taken by the State Authority. If at all proceedings were abated as on the date of amendment Act, 2020 obviously no further proceedings could have been taken to take over the land.
4. In the light of the same, the order at Annexure-B is set aside. The Assistant Commissioner to have a re-look afresh while taking note of the observations made by this Court in W.P.Nos.25710/2025 and 25707/2025 and pass appropriate orders.
5. Needless to state if possession was not taken and the proceedings have to be taken to take over possession in accordance with the order dated 07.03.2020 prima facie such proceedings cannot be taken since the amendment Act, 2020 has come into force.
- 4 -
HC-KAR NC: 2025:KHC:42619 WP No. 25675 of 2025
Accordingly, the petition is disposed of. The Assistant Commissioner to take note of the above discussion and pass appropriate orders.
The petitioner to be present before the Assistant Commissioner without notice on 10.11.2025. Sd/-
(S SUNIL DUTT YADAV) JUDGE GPG List No.: 1 Sl No.: 38