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2026 DAILYLAW 38642 (KAR)

SRI. L. SATHYAPRAKASH v. STATE OF KARNATAKA

WP/27420/2026 · 2026-08-31

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010612352026 NC: 2026:KHC:47311 WP No. 27420 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 27420 OF 2026 (LR) BETWEEN: 1. SRI. L. SATHYAPRAKASH S/O LATE K.R. LAKSHMINARAYANA RAO, AGED ABOUT 56 YEARS, RESIDING AT NO.116/3, 3RD MAIN ROAD, KAVERI NAGAR, BANASHANKARI 3RD STAGE, BENGALURU - 560 085. …PETITIONER (BY SRI. SHIVARAMU H.C., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT (LAND REFORMS), VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION, MANDYA A.C. OFFICE, MANDYA DISTRICT - 571 401. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010612352026 NC: 2026:KHC:47311 WP No. 27420 of 2026 3. THE TAHSILDAR, MANDYA TALUK, TALUK OFFICE, MANDYA DISTRICT - 571 401. 4. THE DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA - 571 401. …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 09.02.2016 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU, IN APPEAL NO.362/2010 (CH-I), DISMISSING THE SAID APPEAL FOR DEFAULT ANNEXURE-D; 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 1. In this Writ Petition, petitioner is assailing the order dated 09.02.2016 in Appeal No.362/2010 (Annexure-D) on the file of Karnataka Appellate Tribunal, Bengaluru and the order dated - 3 - HC-KAR CNR: KAHC010612352026 NC: 2026:KHC:47311 WP No. 27420 of 2026 17.07.2009 in case No.LRF/46/2008-09 (Annexure-B) passed by the second respondent. 2. Having heard the learned counsel appearing for the parties and on careful consideration of the proceedings at Annexure-B would indicate that the petitioner has not been heard in the matter and that apart, the impugned order at Annexure-D in Appeal No.362/2010 was passed by the Tribunal dismissing the appeal, wherein it is forthcoming that fair opportunity has not been extended to the petitioner. Be that as it may, since the proceedings have been initiated against the petitioner under Sections 79A and 79B of the Karnataka Land Reforms Act, 1961, as the said provisions have been omitted and amended by the respondent - State Government, and in that view of the matter, following the order passed by this Court in the case of GAJENDRAPPA AND ANOTHER Vs. STATE OF KARNATAKA AND OTHERS, in W.P. No.12829/2023 disposed of on 01.04.2025, the Writ Petition requires to be allowed. 3. Accordingly, I pass the following: ORDER (i) The Writ Petition is allowed. - 4 - HC-KAR CNR: KAHC010612352026 NC: 2026:KHC:47311 WP No. 27420 of 2026 (ii) The order dated 09.02.2016 in Appeal No.362/2010 (Annexure-D) on the file of Karnataka Appellate Tribunal, Bengaluru and the order dated 17.07.2009 in case No.LRF/46/2008-09 (Annexure-B) passed by the second respondent are hereby set aside. (iii) Respondent No.3 is directed to restore the revenue records in respect of the subject land, in favour of the petitioner, within two months from the date of receipt of certified copy of this order. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 2 Sl No.: 7