Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010502972026 NC: 2026:KHC:42596 WP NO.22785 OF 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.22785 OF 2026 (LR) BETWEEN:
1.
HANUMAN SINGH S/O LATE SHYAM SINGH, AGED ABOUT 58 YEARS, R/AT NO.16, 1ST FLOOR, 4TH CROSS, KANAKAGIRI MAIN ROAD, BANJARA LAYOUT EXTENSION, HORAMAVU AGARA, BENGALURU - 560 043.
2.
AVADHESH SINGH S/O LATE SHYAM SINGH, AGED ABOUT 48 YEARS, R/AT NO.35, BANJARA LAYOUT EXTENSION, OM SHAKTHI LAYOUT, HORAMAVU AGARA, BENGALURU - 560 043. …PETITIONERS (BY SRI. DHIRAJ A.K., ADVOCATE) AND:
1.
STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA - 561 203.
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010502972026 NC: 2026:KHC:42596 WP NO.22785 OF 2026
3. TAHASILDAR, DEVANAHALLI TALUK, DEVANAHALLI - 562 110. …RESPONDENTS (BY SMT. SHARADA H.V., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 31ST AUGUST, 2018 PASSED BY THE RESPONDENT NO.2-ASSISTANT COMMISSIONER, DODDABALLAPUR SUB-DIVISION IN CASE NO.LRF:SR(DE):
51/2012-13 VIDE ANNEXURE-H; CONSEQUENTIALLY QUASH THE M.R.NO.H94/2018-19 DATED 02ND NOVEMBER, 2018 VIDE ANNEXURE-J; 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 In this petition, petitioners are challenging the order dated 31st August, 2018 (Annexure-H) passed by the respondent No.2-Assistant Commissioner in Case No.LRF:SR(DE):51/2012-13; inter alia sought for quashing the M.R.No.H94/201819 dated 02nd November, 2018 (Annexure-J).
2. Heard Sri. Dhiraj A.K. learned counsel appearing for petitioners and Smt. H.V. Sharada, learned Additional Government Advocate appearing for respondents.
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HC-KAR
CNR: KAHC010502972026 NC: 2026:KHC:42596 WP NO.22785 OF 2026
3. It is noticed that, in an identical circumstances, the Co-ordinate Bench of this Court in the case of M/S. PAPAIN AND CHEMICALS (P) LTD. AND ANOTHER vs. THE STATE OF KARNATAKA AND OTHERS made in Writ Petition No.20349 of 2023 decided on 01st April, 2025, allowed the writ petition. At paragraph 3 of the said order, it is held 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. Taking into account the fact that the petitioners herein are challenging the order of vesting passed by the Assistant Commissioner for contravention of Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 and the said provisions were omitted by virtue of an amendment to the Land Reforms Act, I am of the view that the present petition deserves to be allowed, by following the order passed by the
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HC-KAR
CNR: KAHC010502972026 NC: 2026:KHC:42596 WP NO.22785 OF 2026
Co-ordinate Bench of this Court in Writ Petition No.20349 of 2023 decided on 01st April, 2025.
5. Accordingly, I pass the following:
O R D E R (i) Writ Petition allowed; (ii)
Order dated 31st August, 2018 (Annexure-H) passed by the respondent No.2-Assistant Commissioner in Case No.LRF:SR(DE): 51/2012-13 is hereby set-aside; consequently M.R.No.H94/201819 dated 02nd November, 2018 (Annexure-J) is hereby quashed; (iii) The respondent No.3 is directed restore the name of the petitioners in the revenue records in respect of the subject land forthwith.
SD/- (E.S. INDIRESH) JUDGE
ARK List No.: 1 Sl No.: 9