Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010674602024 NC: 2026:KHC:42299 WP No. 33157 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.33157 OF 2024 (KLR-RES) BETWEEN:
1.
SRI. S. PRABHAKARAN S/O P. SUBRAMANIAN, AGE ABOUT 52 YEARS.
2.
SMT. A. SUKANYA W/O S. PRABHAKARAN, AGE ABOUT 43 YEARS.
BOTH ARE RESIDING AT:
NO F-203, KRISHVI WISTERIA BROOKFIELD, NEAR RAYAN INTERNATIONAL SCHOOL, KUNDALAHALLI, BENGALURU - 560 037. …PETITIONERS (BY SRI. NATARAJ K.S., ADVOCATE) AND:
1.
PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA, DEPARTMENT OF REVENUE, 5TH FLOOR, M.S. BUILDING, DR. AMBEDKAR VEEDHI.
BENGALURU - 560 001.
2.
THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION, KOLAR - 563 101.
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010674602024 NC: 2026:KHC:42299 WP No. 33157 of 2024
3.
THE TAHSILDAR BANGARPET TALUK, KOLAR DISTRICT - 563 114. …RESPONDENTS (BY SMT. B.P. RADHA, AGA)
THIS WRIT PETITON IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
ORDER PASSED BY THE RESPONDENT NO.2-ASSISTANT COMMISSIONER, KOLAR SUB-DIVISION, KOLAR IN CASE NO. L.R.F.C.R.01/2008-09 DATED 25TH JUNE, 2014 VIDE ANNEXURE-C; DIRECT THE RESPONDENTS 2 AND 3 TO RESTORE THE REVENUE ENTRIES IN THE NAME OF THE PETITIONERS INSOFAR AS IT RELATES TO 2 ACRE 27 GUNTAS OF LAND IN SURVEY NO.253/1 SITUATE AT KOPPA VILLAGE, KASABA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEAIRNG IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
ORAL ORDER
In this petition, the petitioner is challenging the order dated 25th June, 2014 (Annexure-C) passed by the respondent No.2-Assistant Commissioner in Case No.L.R.F.C.R.01/2008- 09; inter alia sought for a direction to the respondents 2 and 3 to restore the revenue entries in the name of petitioners in respect of land to an extent of 2 acre 27 guntas in Survey No.253/1 situate at Koppa Village, Kasaba Hobli, Bangarapete Taluk, Kolar District.
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HC-KAR
CNR: KAHC010674602024 NC: 2026:KHC:42299 WP No. 33157 of 2024
2. Heard Sri. Nataraj K.S., learned counsel appearing for petitioners and Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents.
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 petitioner herein is 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
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HC-KAR
CNR: KAHC010674602024 NC: 2026:KHC:42299 WP No. 33157 of 2024
Reforms Act, I am of the view that the present petition deserves to be allowed, by following the order passed by the 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 25th June, 2014 (Annexure-C) passed by the respondent No.2-Assistant Commissioner in Case No.L.R.F.C.R.01/2008- 09 is hereby set-aside; (iii) The respondent No.3 is directed restore the name of the petitioner in the revenue records in respect of the subject land forthwith.
SD/- (E.S.INDIRESH) JUDGE
ARK List No.: 1 Sl No.: 66