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2026 DAILYLAW 44088 (KAR)

SMT. GANGAMBIKE v. THE STATE OF KARNATAKA

WP/31008/2026 · 2026-10-05

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010677032026 NC: 2026:KHC:55175 WP No. 31008 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 31008 OF 2026 (LR) BETWEEN: 1. SMT. GANGAMBIKE W/O SRI. RAJANNA, AGED ABOUT 45 YEARS, R/AT NO.341, KUVEMPU NAGARA, JANATHA COLONY, NEAR RAMA MANDIRA, TAVAREKERE, BENGALURU SOUTH TALUK, BENGALURU – 562130. …PETITIONER (BY SRI. GANESHA P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDINGS, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010677032026 NC: 2026:KHC:55175 WP No. 31008 of 2026 2. THE ASSISTANT COMMISSIONER KOLLEGALA SUB-DIVISION, STATE HIGHWAY 38, KOLLEGALA, CHAMARAJANAGARA DISTRICT - 571440. 3. THE TAHSILDAR HANURU TALUK, TALUK OFFICE, HANURU, CHAMARAJANAGARA DISTRICT – 571439/ …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 IMPUGNED ORDER DATED 29.09.2015 PASSED BY THE 2ND RESPONDENT - ASSISTANT COMMISSIONER, KOLLEGALA SUB DIVISION, IN CASE NO. LRF.226/2013-14 (ANNEXURE-A) IN RESPECT OF LAND IN QUESTION, AS BEING ILLEGAL, ARBITRARY, AND VIOLATIVE OF THE PRINCIPALES OF NATURAL JUSTICE; 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 - 3 - HC-KAR CNR: KAHC010677032026 NC: 2026:KHC:55175 WP No. 31008 of 2026 ORAL ORDER Smt. Sharadha H.V., learned Additional Government Advocate accepts notice for respondents. 2. Heard Sri. Ganesha P., learned counsel appearing for the petitioner and Smt. Sharadha, learned Additional Government Advocate appearing for the respondent-State. 3. In this petition, the petitioner is challenging the order dated 29th September, 2015 (Annexure-A) passed by the respondent No.2-Assistant Commissioner in Case No.LRF: 226/2013-14. 4. 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 - 4 - HC-KAR CNR: KAHC010677032026 NC: 2026:KHC:55175 WP No. 31008 of 2026 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." 5. 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 - 5 - HC-KAR CNR: KAHC010677032026 NC: 2026:KHC:55175 WP No. 31008 of 2026 Court in Writ Petition No.20349 of 2023 decided on 01st April, 2025. 6. Accordingly, I pass the following: O R D E R (i) Writ Petition is allowed; (ii) Order dated 29th September, 2015 (Annexure-A) passed by the respondent No.2-Assistant Commissioner, Kollegala Sub-Division, Kollegala, Chamarajanagara District in Case No. LRF:226/2013-14 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.: 29