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2026 DAILYLAW 44792 (KAR)

SRI VALLABANENI VENKATA SUBBARAO v. ASSISTANT COMMISSIONER

WP/29850/2026 · 2026-09-30

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010651022026 NC: 2026:KHC:54494 WP No. 29850 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.29850 OF 2026 (LR) BETWEEN: SRI VALLABANENI VENKATA SUBBARAO S/O VENKATA CHOWDHARY, AGED ABOUT 56 YEARS, OCCUPATION: AGRICULTURIST, R/AT NO.9/109, GUDLAVALLERU VILLAGE, GUDLAVALLERU MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH 521356. …PETITIONER (BY SRI. HARISH KUMAR M.S., ADVOCATE) AND: 1. ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561203. 2. THE TAHSILDAR DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT- 561203. …RESPONDENTS (BY SMT. SHARADA H.V., AGA ) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010651022026 NC: 2026:KHC:54494 WP No. 29850 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 29.04.2024 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU, IN REV. MISC. NO.09/2020 PRODUCED AS ANNEXURE-F CONFIRMING THE ORDER DATED 28-08-2019 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL AT BANGALORE IN APPEAL NO.634/2018 VIDE ANNEXURE-D AND QUASH THE ORDER PASSED BY THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB DIVISION, DODDABALLAPURA IN LRF:SR(DO):161/2012-13 DATED 04-12-2015 VIDE ANNEXURE-B. 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 29.04.2024 in Rev.Misc.No.09/2020 (Annexure-F) confirming the order dated 28.08.2019 in Appeal No.634/2018(Annexure- D) on the file of Karnataka Appellate Tribunal at Bengaluru and to quash the order dated 04.12.2015 in case No. LRF:SR(DO):161/2012-13(Annexure-B), passed by respondent No.1. - 3 - HC-KAR CNR: KAHC010651022026 NC: 2026:KHC:54494 WP No. 29850 of 2026 2. Having heard the learned counsel appearing for the parties and on careful consideration of the impugned orders would indicate that the Karnataka Appellate Tribunal has dismissed the appeal on the ground that the petitioner herein has purchased the land without securing appropriate permission from the competent authority. However, taking into consideration the fact that the impugned order dated 04.12.2015 issued by respondent No.1 is an ex-parte order and in that view of the matter, as the impugned order is passed under Sections 79A and 79B of the Karnataka Land Reforms Act, 1961, and the said provisions have been deleted from the said Act and as such, I am of the view that, this Writ Petition is required to be allowed in view of the declaration of law made 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. 3. Accordingly, I pass the following: ORDER (i) The Writ Petition is allowed. - 4 - HC-KAR CNR: KAHC010651022026 NC: 2026:KHC:54494 WP No. 29850 of 2026 (ii) The order dated 29.04.2024 in Rev.Misc.No.09/2020 (Annexure-F), the order dated 28.08.2019 in Appeal No.634/2018(Annexure-D), passed by the Karnataka Appellate Tribunal at Bengaluru, and the order dated 04.12.2015 in case No.LRF:SR(DO):161/2012- 13(Annexure-B) passed by respondent No.1, are hereby set aside. (ii) Respondent No.2 is directed to enter the name of the petitioner in the revenue records pertaining to the subject land, forthwith. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 33