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2026 DAILYLAW 42899 (KAR)

SMT G BABITHA RANI v. THE STATE OF KARNATAKA

WP/30171/2026 · 2026-09-29

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010658532026 NC: 2026:KHC:53861 WP No. 30171 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.30171 OF 2026 (LR) BETWEEN: 1. SMT. G. BABITHA RANI W/O M. SREENIVASA RAO, AGED ABOUT 57 YEARS, R/AT. 623, ‘A’ BLOCK, 5TH CROSS, SAHAKARANAGARA, NEAR KEB OFFICE, BENGALURU-560092. …PETITIONER (BY SRI. SHIVANANDA REDDY R.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPT. REPTD. BY ITS CHIEF SECRETORY VIDHANA SOUDHA BENGALURU-560001. 2. THE ASSISTANT COMMISSIONER, MADHUGIRI SUB-DIVISION, MADHUGIRI, TUMAKURU DISTRICT – 572132. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010658532026 NC: 2026:KHC:53861 WP No. 30171 of 2026 3. THE TAHASILDAR, KORATAGERE TALUK, KORATAGERE, TUMAKURU DISTRICT – 572132. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 24/08/2016 PASSED BY THE 2ND RESPONDENT HEREIN THE ASSISTANT COMMISSIONER, MADHUGIRI SUB-DIVISION, MADHUGIRI IN LRF 79 AB, CR. 8/2013-14 UNDER SECTIONS 79(A) AND 79(B) OF THE KARNATAKA LAND REFORMS ACT, 1961.UNDER ANNEXURE-A; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Sri. Mohammed Jaffar Shah, learned Additional Government Advocate accepts notice for respondents. 2. In this petition, the petitioner is challenging the order dated 24th August, 2016 (Annexure-A) - 3 - HC-KAR CNR: KAHC010658532026 NC: 2026:KHC:53861 WP No. 30171 of 2026 passed by the respondent No.2-Assistant Commissioner in Case No.LRF 79 AB CR: 8/2013-14. 2. Heard Sri. Shivananda Reddy R.V., learned counsel appearing for the petitioner and Sri. Mohammed Jaffar Shah, 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 amendment to the Land Reforms Act, no useful - 4 - HC-KAR CNR: KAHC010658532026 NC: 2026:KHC:53861 WP No. 30171 of 2026 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: - 5 - HC-KAR CNR: KAHC010658532026 NC: 2026:KHC:53861 WP No. 30171 of 2026 O R D E R (i) Writ Petition is allowed; (ii) Order dated 24th August, 2016 (Annexure-A) passed by the respondent No.2-Assistant Commissioner, Madhugiri Sub-Division, Madhugiri, Tumakuru District in Case No.LRF 79 AB CR: 8/2013-14 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 SB List No.: 1 Sl No.: 8