Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 11496 (KAR)

D.E ANANDA v. THE STATE OF KARNATAKA

WP/7471/2026 · 2026-03-11

R Devdas

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:14482 WP No. 7471 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 7471 OF 2026 (LR) BETWEEN: D.E ANANDA S/O D.L.EASHWARAPPA AGED ABOUT 39 YEARS OCC AGRICULTURIST R/AT 2ND WARD, DEVARAJ NAGAR, DODDABALLAPUR TOWN, BENGALURU RURAL DISTRICT – 561 203. …PETITIONER (BY SRI. ROHITH.C FOR SRI. S.V.PRAKASH, ADVOCATES) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB-DIVISION TALUK OFFICE, DODDABALLAPUR TOWN, BENGALURU RURAL DISTRICT - 561 203. 3. THE TAHSILDAR TALUK OFFICE, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14482 WP No. 7471 of 2026 DODDABALLAPUR TOWN, BENGALURU RURAL DISTRICT - 561 203. …RESPONDENTS (BY SRI.V.SESHU, HCGP) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE ORDER DATED 22.01.2026 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN MISC. PETITION NO. 14/2025 THERE BY REFUSING TO RESTORE THE APPEAL IN APPEAL NO. 768/2012 PRODUCED AS PER ANNEXURE-G AND THE ORDER DATED 17.06.2022 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL. AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. 2. The petitioner who was aggrieved of the order passed by the Assistant Commissioner/Competent Authority, who had invoked Section 83 of the Karnataka Land Reforms Act, 1961 read with Sections 79A and 79B in proceedings bearing No.LRF.SR(DHO).664/2007-08 dated 28.03.2011, had filed an appeal before the Karnataka Appellate Tribunal in Appeal No.768/2012. Learned counsel submits that by amendment, the provisions contained in Sections 79A, 79B and - 3 - HC-KAR NC: 2026:KHC:14482 WP No. 7471 of 2026 79C were omitted with effect from 01.03.1974, by Act No.56/2020. However, in terms of the amending Act, all pending proceedings which were initiated under the said provisions of Sections 79A and 79B before any Court or Tribunal stood abated as on date of the coming into force of the said ammending Act. Therefore, the Tribunal could not have dismissed the appeal on 17.06.2022 for non-prosecution. Nevertheless, a miscellaneous petition was filed by the petitioner before the Tribunal in Revenue Miscellaneous No. 14/2025, and the said miscellaneous petition was also dismissed by order dated 22.01.2026. 3. Having regard to the facts narrated hereinabove, this Court is of the considered opinion that the Tribunal could not have dismissed the appeal in the year 2022, long after the omission of the provisions of Sections 79A and 79B, and on the other hand, the appeal should have been automatically disposed of as abated while setting aside the order passed by the Assistant Commissioner. 4. Accordingly, the writ petition is allowed. The impugned orders passed by the Assistant Commissioner at - 4 - HC-KAR NC: 2026:KHC:14482 WP No. 7471 of 2026 Annexure-D in proceedings bearing LRF.SR(DHO).664/2007-08 dated 28.03.2011; the order of the Karnataka Appellate Tribunal in Appeal No.768/2012 dated 17.06.2022 and Revenue Miscellaneous No.14/2025 dated 22.01.2026 are hereby quashed and set aside. Consequently, the name of the petitioner shall be restored in the revenue records as it was prior to the passing of the impugned order at Annexure-D, as expeditiously as possible and at any rate, within a period of six weeks from the date of receipt of a copy of this order. Ordered accordingly. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 20