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2026 DAILYLAW 37026 (KAR)

SMT. H K JANAKI v. THE ASSISTANT COMMISSIONER

WP/17053/2026 · 2026-08-19

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010366542026 NC: 2026:KHC:44531 WP NO.17053 OF 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.17053 OF 2026 (KLR-RES) BETWEEN: SMT. H.K. JANAKI D/O LATE H.K. SWAMY, AGED ABOUT 59 YEARS, R/AT NO.986/B, 2ND STAGE, SRIRAMPURA, MYSURU – 570 008. …PETITIONER (BY SRI. R.V. SRINIVASA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHAR, BENGALURU – 560 001. 2. THE ASSISTANT COMMISSIONER MYSURU SUB DIVISION, MYSURU – 570 005. …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 12TH APRIL, 2010 PASSED BY THE RESPONDENT NO.2 IN CASE NO.LRF.79A.B.15/09-10 VIDE ANNEXURE-A AND ALSO ORDER DATED 04TH DECEMBER, 2018 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN APPEAL NO.378/2013 VIDE ANNEXURE-B; AND Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010366542026 NC: 2026:KHC:44531 WP NO.17053 OF 2026 ORDER DATED 13TH JANUARY, 2026 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN REV.MIS- 08/2022 VIDE ANNEXURE-E; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, 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 12th April, 2010 (Annexure-A) passed by the respondent No.2-Assistant Commissioner in Case No.LRF.79A.B 15/09-10. 2. Heard Sri. R.V. Srinivasa Reddy, learned counsel appearing for the petitioner and Smt. Sharada H.V., 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 - 3 - HC-KAR CNR: KAHC010366542026 NC: 2026:KHC:44531 WP NO.17053 OF 2026 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 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 12th April, 2010 (Annexure-A) passed by the respondent No.2-Assistant Commissioner in Case No.LRF.79A.B 15/09- 10 is hereby set-aside; consequently, order dated 04th December, 2018 (Annexure-B) in Rev.Apl-378/2013 and order dated 13th - 4 - HC-KAR CNR: KAHC010366542026 NC: 2026:KHC:44531 WP NO.17053 OF 2026 January, 2026 (Annexure-E) in Rev.Misc- 08/2022 passed by the Karnataka Appellate Tribunal, Bengaluru are quashed; (iii) The jurisdictional revenue authorities are directed to 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.: 15