- 1 - HC-KAR CNR: KAHC010087602017 NC: 2026:KHC:48966 WP No. 34075 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.34075 OF 2017 (LR) BETWEEN: 1. SRI. VISHWANATHA KAMATH S/O LATE VENKATRAMANA KAMATH AGED ABOUT 48 YEARS RESIDING AT BANNADKA PADUMARNAD VILLAGE-574213 MANGALURU TALUK, DAKSHINA KANNADA . 2. SRI. B. VIVEKANANDA KAMATH S/O LATE VENKATRAMANA KAMATH AGED ABOUT 46 YEARS RESIDING AT BANNADKA PADUMARNAD VILLAGE-574213 MANGALURU TALUK, DAKSHINA KANNADA . 3. SRI. VINAYAKA KAMATH S/O LATE VENKATRAMANA KAMATH AGED ABOUT 44 YEARS RESIDING AT BANNADKA PADUMARNAD VILLAGE-574213 MANGALURU TALUK, DAKSHINA KANNADA . …PETITIONERS (BY SRI. K CHANDRANATH ARIGA, ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010087602017 NC: 2026:KHC:48966 WP No. 34075 of 2017 AND: 1. THE ASSISTANT COMMISSIONER MANGALURU SUB DIVISION, MANGALURU-575001 DAKSHINA KANNADA. 2. THE TAHASILDAR MANGALURU TALUK TALUK OFFICE, MANGALURU-575001 DAKSHINA KANNADA. 3. SRI. RAJESH B. KAMATH S/O LATE B. GOPALAKRISHNA KAMATH, MAJOR IN AGE C/O P.P.KAMATH, NEAR S.V.TEMPLE, UDUPI TALUK-574220 …RESPONDENTS (BY SMT. SHARADA, AGA FOR R1 & R2; SERVICE OF NOTICE TO R3 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 18.12.2006 PASSED BY THE RESPONDENT NO.1 [ANNEXURE-D]; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010087602017 NC: 2026:KHC:48966 WP No. 34075 of 2017 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, petitioners are assailing the order dated 18.12.2006 in case No.CDS:LRY.SR:5/004-05(Annexure- D) passed by respondent No.1 and the order dated 30.11.2016 in Appeal No.305/2007 (Annexure-E) passed by Karnataka Appellate Tribunal, Bengaluru. 2. Having heard the learned counsel appearing for the parties and on careful consideration of the writ papers would indicate that respondent No.1, by order dated 18.12.2006 (Annexure-D) has forfeited the land in question on the ground that the petitioners herein have violated the provisions of Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 and the said order was confirmed by the Karnataka Appellate Tribunal, Bengaluru, as per the order dated 30.11.2016 produced as Annexure-E to the Writ Petition. 3. Taking into consideration the fact that the provisions contained under Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 have been deleted/amended from the said - 4 - HC-KAR CNR: KAHC010087602017 NC: 2026:KHC:48966 WP No. 34075 of 2017 Act and therefore, 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, I pass the following: ORDER (i) The Writ petition is allowed. (ii) The order dated 18.12.2006 in case No.CDS:LRY.SR:5/004-05(Annexure-D) passed by respondent No.1 and the order dated 30.11.2016 in Appeal No.305/2007 (Annexure-E) passed by Karnataka Appellate Tribunal, Bengaluru, are hereby set aside. (ii) Consequently, the respondent No.2 is directed to restore the entry in respect of the subject land made in favour of the petitioners in the revenue records, in accordance with law, within two months from the date of receipt of certified copy of this order. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 13