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2026 DAILYLAW 41344 (KAR)

SMT ARUNA DEVI S v. THE STATE OF KARNATAKA

WP/5594/2026 · 2026-09-11

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010121182026 NC: 2026:KHC:51323 WP NO.5594 OF 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.5594 OF 2026 (LR) BETWEEN: SMT. ARUNA DEVI S. W/O K. SIVASUBRAMANIAN, AGRICULTURIST, AGED ABOUT 71 YEARS, PERMANENTLY RESIDENT AT: NO.1/218, RAYAPPAN STREET, TATTAMANGALAM (PO), CHENTHAMARANAGAR, PALAKKAD DISTRICT, KERALA – 678 102. …PETITIONER (BY SRI. DILIP KUMAR. ,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER, MYSURU SUB-DIVISION, MYSURU DISTRICT- 570 011. 3. THE TAHSILDAR, TASILDHAR OFFICE, NANJANGUD TALUK, MYSURU DISTRICT – 571 301. …RESPONDENTS (BY SMT. SHARADA H.V., AGA) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010121182026 NC: 2026:KHC:51323 WP NO.5594 OF 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 17TH JANUARY, 2011 PASSED BY THE RESPONDENT NO.2 IN CASE NO.LRF.79A,B/166/2010-11 VIDE ANNEXURE-C; DIRECT THE RESPONDENT NO.3 TO DELETE OR REMOVE THE NAME OF THE GOVERNMENT AND ENTER THE NAME OF THE PETITIONER IN REVENUE RECORDS PERTAINING TO 35 GUNTAS OUT OF 1 ACRES 27 GUNTAS OF THE LAND BEARING SURVEY NO.92/1 AND 35 GUNTAS OUT OF 2 ACRES 3 GUNTAS OF THE LAND BEARING SURVEY NO.92/2 BEING IN TOTAL AN EXTENT OF 1 ACRE 30 GUNTAS SITUATED AT HEBBYA VILLAGE, CHIKKAYANA CHATRA HOBLI, NANJANAGUDU TALUK, MYSURU DISTRICT AS PER THE REGISTERED SALE DEED DATED 03RD OCTOBER, 2007 VIDE ANNEXURE-A; 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 17th January, 2011 (Annexure-C) passed by the respondent No.2-Assistant Commissioner in Case No.LRF.79A,B/166/2010-11 2. Heard Sri. Dilip Kumar, 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 - 3 - HC-KAR CNR: KAHC010121182026 NC: 2026:KHC:51323 WP NO.5594 OF 2026 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 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: - 4 - HC-KAR CNR: KAHC010121182026 NC: 2026:KHC:51323 WP NO.5594 OF 2026 O R D E R (i) Writ Petition allowed; (ii) Order dated 17th January, 2011 (Annexure-C) passed by the respondent No.2-Assistant Commissioner, Musuru Sub-Division, Mysuru in Case No. LRF.79A,B/166/2010-11 is hereby set-aside; (iii) The respondent No.3-Tahsildar 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.: 20