- 1 - HC-KAR NC: 2025:KHC-D:15269 WP No. 100057 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 100057 OF 2025 (KLR-RES) BETWEEN: SMT. HARSHA W/O ATUL ABHYANKAR, AGE. 56 YEARS, OCC. AGRI. AND HOUSEHOLD, R/O. 205/C, ABHISHEK PARK, BEHIND POOJA ABHISHEK, ATHAILINESS, SURAT-395 001, GUJRAJ STATE, REPRESENTED BY HER REGISTERED GPA HOLDER, SMT. SATYAVATI ATUL GHATAGE, AGE. 62 YEARS, OCC. AGRI. AND HOUSEHOLD, R/O. FLAT NO.3, LOUKIT HOUSING SOCIETY, OPP. MEMOREX, KOTHRUD, PUNE-411 029. … PETITIONER (BY SRI. B.S. KAMATE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER, BELAGAVI-590 001, DIST. BELAGAVI. 3. THE TAHSILDAR, HUKKERI-591 309, DIST. BELAGAVI. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALLING FOR THE RECORDS AND ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 13/05/2016 PASSED BY THE RESPONDENT NO.2 BEARING NO.K.L.R:79A AND B:CR:16/2014-15 PRODUCED AT ANNEXURE-C AND A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR ORDER DIRECTING THE RESPONDENT NO.2 AND 3 Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15269 WP No. 100057 of 2025 TO RESTORE THE NAME OF PETITIONER IN THE REVENUE RECORDS IN RESPECT OF THE SUBJECT LAND SY.NO.91/2B MEASURING 5A-39G SITUATED AT SOLAPUR VILLAGE IN HUKKERI TALUK AFTER DELETING THE NAME OF THE GOVERNMENT. THIS PETITION COMING ON FOR ORDERS, 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 13.05.2016 passed by the Assistant Commissioner, Belagavi. In terms of order dated 13.05.2016, the petitioner's land is confiscated for violation of Section 79A of the Karnataka Land Reforms Act, 1961 (for short, ‘Act of 1961’). 2. Learned counsel to the petitioner would submit that Section 79A of the Act of 1961 is omitted in the year 2020 by way of amendment and this Court has interpreted the effect of omission and has held that the omission is with retrospective effect and as such, the sale transaction dated 14.07.2014 is valid as it is to be construed that there was no such restriction when the property was sold in the year 2014. 3. Learned counsel for the petitioner would also rely on the order of the Co-ordinate Bench of this Court in K.Saroja v. - 3 - HC-KAR NC: 2025:KHC-D:15269 WP No. 100057 of 2025 State of Karnataka and others1 and Smt.Madhukanta Patadia and others v. the State of Karnataka and others2. 4. Learned Additional Government Advocate would not dispute the proposition. 5. Since the issue raised in the petition is squarely covered in terms of the aforementioned orders, the petition is allowed. 6. Impugned order dated 13.05.2016 is quashed. 7. The petitioner's name shall be restored in the property records within 30 days from the date of receipt of the copy of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 6 1 W.P.No.107318 of 2019 2 W.P.No.147188 of 2020