- 1 - HC-KAR NC: 2026:KHC:31301 WP No. 21797 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 21797 OF 2022 (LR) BETWEEN: 1. SMT. V. SHWETHA D/O N. VENKATESHA AGED ABOUT 36 YEARS R/A NO.335, 3RD, CROSS, 17TH MAIN, MUNESHWARA BLOCK SRINAGARA BENGALURU SOUTH BENGALURU-560050. 2. LALITHA BAI W/O LATE SADASHIVA RAO SINCE DEAD BY LRS. S. MANJUNATHA RAO S/O LATE SADASHIVA RAO AND LALITHA BAI AGED ABOUT 55 YEARS, R/AT NO.100/297, 9TH CROSS 12TH MAIN ROAD, T.R. SHAMANNA NAGARA BENGALURU-560050. 3. SHRI. SRIDHARA S. S/O LATE K.G. SRINIVASA MURTHY AGED ABOUT 55 YEARS, R/AT NO.82, 5TH MAIN, VEERABHADRA NAGARA, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31301 WP No. 21797 of 2022 KOMMAGHATTA, SULIGERE BENGALURU SOUTH-560060. 4. SMT. LEELAVATHI Y. D/O K KRISHNAMURTHY AGED ABOUT 61 YEARS, R/A NO.896/23 3RD CROSS, 3RD MAIN, MARUTHI NAGAR JAKKUR YELAHANKA BENGALURU-560064. 5. SHRI. CHUNCHAIAH S/O JAVARAIAH AGED ABOUT 40 YEARS, R/A NO.86, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571424. 6. SHRI. RAVIKANTH B.M. S/O MAHALINGAIAH AGED ABOUT 44 YEARS, R/A NO.98, 5TH CROSS BEHIND RUKMINI ENTERPRISES VEERABHADRANAGAR KORAMANGALA BENGALURU-560060. 7. SHRI. MAHESHA A.V. S/O VENKATARAMAIAH AGED ABOUT 42 YEARS R/A NO.58/12 CHUNCHAGHATTA ROAD PATEL NARAYANASWAMY LAYOUT KONANAKUNTE BENGALURU-560062. 8. SHRI. P. VIJAYA KUMAR S/O PONMODI ACHARI AGED ABOUT 44 YEARS, R/A NO.74, 4TH CROSS - 3 - HC-KAR NC: 2026:KHC:31301 WP No. 21797 of 2022 VEERABHADRA NAGAR NEAR VEERABHADRESHWARA TEMPLE KOMMAGHATTA BENGALURU-560060. 9. SHRI. KARIYAPPA K.M. S/O SURE GOWDA AGED ABOUT 62 YEARS, R/A NO.669, 14TH CROSS 14TH MAIN, J.P.NAGAR 2ND PHASE BENGALURU SOUTH-560078. 10. SHRI. D.S. SHANKAR S/O LATE SATHYANARAYANAN AGED ABOUT 62 YEARS, R/A NO.313/21 8TH CROSS, 12TH MAIN, T R SHAMANNA NAGAR SRINAGAR BENGALURU-560050. 11. SHRI. BASAVARAJU S. S/O HOMBEGOWDA AGED ABOUT 59 YEARS, R/A NO.21, ESHWARA NILAYA, 19TH CROSS KRISHNAIAH LAYOUT ITTAMADU, BSK 3RD STAGE BENGALURU SOUTH-560085. 12. SHRI. RAMESH R.N. S/O NANJEGOWDA N AGED ABOUT 46 YEARS, R/A NO.5/A, 50 FEET ROAD, NEAR COFFEE DAY MUNESHWARA BLOCK BENGALURU-560050. …PETITIONERS (BY SRI. V.B. SHIVAKUMAR, ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:31301 WP No. 21797 of 2022 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU-560001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVAN KEMPEGOWDA ROAD BENGALURU-560009. 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH TALUK KANDAYA BHAVAN KEMPEGOWDA ROAD BENGALURU-560009. 4. THE TAHSHILDAR BENGALURU SOUTH TALUK BENGALURU-560002. 5. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST T. CHOWDAIAH ROAD BENGALURU - 560 020. 6. THE ADDITIONAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY - 5 - HC-KAR NC: 2026:KHC:31301 WP No. 21797 of 2022 KUMARA PARK WEST, T. CHOWDAIAH ROAD BENGALURU - 560 020. …RESPONDENTS (BY SMT. SHARADA H.V., AGA FOR R1 TO R4; SRI. K. KRISHNA, ADVOCATE FOR R5 AND R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29.09.1994 PASSED BY THE RESPONDENT NO.3 ASSISTANT COMMISSIONER IN CASE NO.LRF(83)31/89-90, WHICH IS AT ANNEXURE-R; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. In this Writ Petition, petitioners are assailing the order dated 29.09.1994 (Annexure-R) passed by respondent No.3 in case No.LRF(83)31/89-90, inter alia, sought for a direction to regularise the respective petitioners' title and possession in respect of the land in question and also to direct the respondent - BDA to issue khata in the name of the respective petitioners in respect of the land bearing Sy.Nos. 112/1, 111/7, 110, 109/4, 78, 79 and 77 of Kommaghatta Village, Kengeri Hobli, Bengaluru South Taluk. - 6 - HC-KAR NC: 2026:KHC:31301 WP No. 21797 of 2022 3. Having taken note of the submissions made by learned counsel appearing for the parties, the petitioners herein are assailing the order passed by respondent No.2 as per Annexure-R in proceedings under Sections 79-A and 80 of the Karnataka Land Reforms Act, 1961. In this regard, it is forthcoming from the records that the petitioners herein have not been heard before the competent authority in the proceedings initiated against them. In this regard, it is relevant to follow the Judgment of this Court in the case of M/S. PAPAIN AND CHEMICALS (P) LTD. AND ANOTHER Vs. THE STATE OF KARNATAKA AND OTHERS in W.P.No.20349/2023 disposed of on 01.04.2025, wherein, Para 3 reads as under: "3. In the normal course, the matter would have to be remanded to the Assistant Commissioner, since Sections 79A and 79B of the Act were omitted by virtue of an amendment to the Land Reforms Act, no useful purpose would be served by remanding the matter to the Assistant Commissioner and hence, the impugned proceedings initiated shall stand abated." 4. Accordingly, I am of the opinion that the revenue authorities are required to restore the name of the petitioners - 7 - HC-KAR NC: 2026:KHC:31301 WP No. 21797 of 2022 in the revenue records. However, it is submitted by Sri. V.B. Shivakumar, learned counsel appearing for the petitioners, that the land in question is no more a revenue land and comes within the purview of BBMP. 5. In that view of the matter, I am of the view that, it is open for the petitioners to approach the competent authority for redressal of their grievances. Accordingly, the order dated 29.09.1994 in case No.LRF(83)31/89-90 (Annexure-R), passed by respondent No.3, is hereby set aside. 6. In the event, petitioners approach the competent authority as claimed in this Writ Petition, same shall be considered by the respondent - authority and appropriate order be passed in accordance with law. 7. With this observation, the Writ Petition is disposed of. Consequently, I.A.1/2024 does not survive for consideration. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 18