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2025 DAILYLAW 84504 (KAR)

OPG POWER GENERATION PVT LTD v. THE STATE OF KARNATAKA

WP/108557/2025 · 2025-12-09

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17758 WP No. 108557 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 108557 OF 2025 (KLR-RR/SUR) BETWEEN: OPG POWER GENERATION PVT. LTD., A COMPANY REGISTERED UNDER THE PROVISIONS OF THE INDIAN COMPANIES ACT, 1956, HAVING ITS OFFICE AT NO.6 SARDAR PATEL ROAD, GUINDY, CHENNAI-600 032, REPRESENTED BY ITS AUTHORISED SIGNATORY, MR. P. VENKATASUBRAMANIAN. … PETITIONER (BY SRI. GURUDAS KANNUR, SENIOR COUNSEL FOR SMT. POONAM S. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED BY PRINCIPAL SECRETARY, MULTI STORED BUILDING, BENGALURU-560 001. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.11 15:01:55 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17758 WP No. 108557 of 2025 2. THE DEPUTY COMMISSIONER, BELLARY DISTRICT, OPPOSITE RAILWAY STATION, DC OFFICE BELLARY, KARNATAKA-583 101. 3. THE TAHSILDAR, BELLARY DISTRICT, OPPOSITE RAILWAY STATION, DC OFFICE BELLARY, KARNATAKA-583 101. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION, DIRECTING THE RESPONDENTS TO EFFECT MUTATION IN THE NAME OF THE PETITIONER IN THE REVENUE RECORDS VIS-A-VIS THE SCHEDULE PROPERTY IN VIEW OF THE ORDINANCE NO.13 OF 2020 PASSED ON DATED 13-07-2020 VIDE ANNEXURE-W REPEALING SECTIONS 79 A AND B OF THE KARNATAKA LAND REFORMS ACT, 1961 AND ETC. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17758 WP No. 108557 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned senior counsel appearing for the petitioner and learned Government Advocate appearing for respondents No.1 to 3. 2. This petition is filed seeking writ of mandamus to direct respondents to enter the name of the petitioner in the property records based on the registered sale certificate. The sale certificate dated 29.04.2011 is produced at Annexures-B. Same is registered on 05.05.2011. Based on the sale certificate, the petitioner’s name is not recorded in the property records on the premise that the transaction is in violation of Section 79-B of the Karnataka Land Reforms Act, 1961. 3. It is an admitted fact that Section 79-A & B are omitted in terms of the Ordinance No.13/20. The Court has interpreted the effect of the omission and has said that the omission has to be understood as if the said provision was - 4 - HC-KAR NC: 2025:KHC-D:17758 WP No. 108557 of 2025 not in enactment itself. Under these circumstances, the transaction at Annexure-C cannot be said to be in violation of the provisions of erstwhile Section 79-B of the Karnataka Land Reforms Act. 4. Learned Government Advocate would submit that the petitioner is in arrears of electricity charges to GESCOM and it is further submitted that the petitioner’s name will be entered in the property records and in addition to that in column No.11 the dues relating to the GESCOM will be reflected. 5. Learned senior counsel for the petitioner would submit that the dispute relating to alleged dues, is pending consideration. 6. Be that as it may, the petitioner’s name is to be entered in the property records in view of the amendment to the Karnataka Land Reforms Act, 1961. However, the respondent-State shall also make an entry in column No.11 - 5 - HC-KAR NC: 2025:KHC-D:17758 WP No. 108557 of 2025 of record of rights pertaining to the petitioner property reflecting the alleged dues of GESCOM. 7. It is made clear that this Court has not expressed anything on the correctness of alleged dues said to be payable to GESCOM. The dispute relating to the alleged dues shall be decided without reference to this order. 8. The petitioner’s name shall be entered in the property records within 30 days from the date of receipt of this order. Petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS CT:BCK LIST NO.: 1 SL NO.: 83