Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 17812 (KAR)

SMT A R KANTHALAKSHMI v. THE STATE OF KARNATAKA

WP/14923/2026 · 2026-05-12

S R Krishna Kumar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:24704 WP No. 14923 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 14923 OF 2026 (LR) BETWEEN: SMT. A R KANTHALAKSHMI, W/O R. RAMESH BABU, AGED ABOUT 64 YEARS, RESIDING AT NO 422, 3RD CROSS, R.P SINGH ROAD, OPP CAUVERY INDIAN GAS, K.R PURAM, BANGALORE NORTH, BANGALORE-36. SENIOR CITIZEN BENEFIT NOT CLAIMED …PETITIONER (BY SRI. RAJESH GOWDA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. REP BY ITS PRINCIPAL SECRETARY, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24704 WP No. 14923 of 2026 2. THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA-561 203. 3. THE TAHSILDAR,. HOSAKOTE TALUK, HOSAKOTE-562 114. …RESPONDENTS (BY SRI.SHIVAREDDY V.,AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO QUASH/SET ASIDE THE ORDER DATED 28.03.2008, PASSED BY THE 2ND RESPONDENT IN NO.LRF.SR(HO)114/2007-08, VIDE ANNEXURE-A, HOLDING THE SAME AS ILLEGAL, AND ALLOW THE WRIT PETITION FILED BY THE PETITIONER AND CONSEQUENTLY DIRECT THE RESPONDENT NO.2 AND 3 TO TRANSFER THE KATHA IN THE NAME OF THE PETITIONER IN RESPECT OF THE LAND BEARING IN SURVEY NO. 42/1 AND ASSIGNED AS NEW SURVEY NO. 42/4, MEASURING 1 ACRE 25 GUNTAS OF MEDIMALLASANDRA VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:24704 WP No. 14923 of 2026 ORAL ORDER 1. In this petition, the petitioner seeks for following reliefs: “a) Grant a writ of certiorari or any other writ order or direction to quash/set aside the order dated 28.03.2008, passed by the 2nd Respondent in No. LRF.SR(HO)114/2007-08, vide Annexure-A, holding the same as illegal, and allow the writ petition filed by the Petitioner and consequently direct the respondent No.2 and 3 to transfer the katha in the name of the petitioner in respect of the land bearing in Survey No. 42/1 and assigned as new Survey No. 42/4, measuring 1 Acre 25 Guntas of Medimallasandra Village, Anugondanahalli Hobli, Hosakote Taluk b) Pass any other appropriate order which this Hon’ble court deems fit in the facts and circumstances of the case, in the interest of justice.” 2. Heard learned counsel for the petitioner and learned Additional Government Advocate for the respondents and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, the request of the petitioner to mutate the khata in respect of the subject property in favour of the petitioner is not being complied with by the respondents on the ground that there is an order dated 28.03.2008 passed by the respondent No.2 under Sections 79A and 79B of the Karnataka Land Reforms Act, which is coming in the way of the - 4 - HC-KAR NC: 2026:KHC:24704 WP No. 14923 of 2026 respondents performing their statutory/official duties of mutating the khata in favour of the petitioner in respect of the subject land and as such, the petitioner is before this Court by way of the present petition. 4. It is submitted that aforesaid provisions contained in Sections 79A and 79B of the Karnataka Land Reforms Act were omitted vide notification 02.11.2020 and pursuant to which the respondent No.1 has issued a circular dated 22.04.2022, despite which, the respondents are not considering the request of the petitioner for mutating the khata into her name and the present petition may be disposed of issuing appropriate directions to the respondents. 5. Per contra, learned Additional Government Advocate for the respondents submits that if reasonable time is granted, the respondent No.2 shall consider the request of the petitioner to mutate the khata in respect of the subject lands in favour of the petitioner in accordance with law. 6. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition directing the - 5 - HC-KAR NC: 2026:KHC:24704 WP No. 14923 of 2026 concerned respondents No.2 and 3 to consider the request of the petitioner to mutate the katha in name of the petitioner in respect of the subject lands in accordance with law without reference to the impugned order at Annexure - A dated 28.03.2008 passed in LRF.SR.(Ho) No.114/2007-2008 by the respondent No.2 within a period of three months from the date of receipt of a copy of this order. 7. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE UN List No.: 1 Sl No.: 36