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2026 DAILYLAW 37677 (KAR)

SRI MARADASAPPA v. THE ASSISTANT COMMISSIONER

WP/26788/2026 · 2026-08-28

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010589522026 NC: 2026:KHC:46492 WP No. 26788 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 26788 OF 2026 (LR) BETWEEN: SRI MARADASAPPA SINCE DEAD BY LR'S SRI. VENKATACHALAIAH, S/O LATE. MARADASAIAH, AGED ABOUT 40 YEARS, R/AT NEAR BANASHANKARI AMMA TEMPLE, AMBEDKAR STREET, TAVAREKERE, BENGALURU SOUTH TALUK 562130. …PETITIONER (BY SRI. P MAHESHA, ADV.) AND: 1. THE ASSISTANT COMMISSIONER KOLLEGALA SUB- DIVISION KOLLEGALA 571440. 2. THE TAHSILDAR HANNUR TALUK - 571439, CHAMARAJANAGAR DISTRICT. …RESPONDENTS (BY SMT. SHARADA H.V., ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, IS PRAYING TO CALL FOR THE RECORDS AND ALLOW THE APPEAL BY SETTING ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED ASSISTANT COMMISSIONER, KOLLEGALA SUB-DIVISION , KOLLEGALA IN CASE Digitally signed by NANJUNDACHARI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010589522026 NC: 2026:KHC:46492 WP No. 26788 of 2026 NO. LRF225/2013-14 DTD 29.09.2015, VIDE ANNX-CPOST THIS WP FOR PRELIMINARY HEARING BEFORE SINGLE JUDGESN DTD 25.08.26SN THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned AGA accepts notice for the respondents. 2. In this writ petition, the petitioner is assailing the order 29.09.2015 passed by jurisdictional Assistant Commissioner exercising power under Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 (for short, ‘the Act’) at Annexure-C. 3. Taking into consideration the arguments advanced by learned counsel appearing for the parties, it is forthcoming that fair opportunity has not been extended to the petitioner. 4. Accordingly, taking into consideration that, the aforementioned provisions have been omitted and - 3 - HC-KAR CNR: KAHC010589522026 NC: 2026:KHC:46492 WP No. 26788 of 2026 amended by the respondent-State and in that view of the matter, following the declaration of law made by this Court in W.P.No.12829/2023 dated 01.04.2025, the petition is accordingly allowed and the impugned order dated 29.09.2015 passed by the Assistant Commissioner is accordingly set aside. The respondent-Tahsildar is hereby directed to enter the name of the petitioner in the revenue records, forthwith. Sd/- (E.S.INDIRESH) JUDGE NC CT:bms List No.: 1 Sl No.: 35