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2026 DAILYLAW 48974 (KAR)

D SRINIVAS v. THE STATE OF KARNATAKA

WP/20670/2025 · 2026-01-13

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1942 WP No. 20670 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 20670 OF 2025 (LR) BETWEEN: D SRINIVAS S/O T.DASAPPA, AGED ABOUT 43 YEARS, RESIDING AT CHANDAGALU VILLAGE, KASABA HOBLI, SRIRANGAPATTANNA TALUK - 571 438, MANDYA DISTRICT &PETITIONER (BY SRI. A. LOURDU MARIYAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, DR.AMBEDKAR VEEDHI BENGALURU-560 001 2. THE ASSISTANT COMMISSIONER, PANDAVAPUR SUB-DIVISION, PANDAVAPUR -571434, MANDYA DISTRICT. 3. THE THASILDAR, SRIRANGAPATNA TALUK-571 438, MANDYA DISTRICT. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1942 WP No. 20670 of 2025 4. L. SHIVSUNDAR S/O LAKSHMANA, AGED ABOUT 49 YEARS, NO-638, ADAVI SWAMY STREET, KAMATAGIRI, MANDIMOHALLA, MYSURU-570001. &RESPONDENTS (BY SRI. SESHU V., HCGP FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-1) CALL FOR RECORDS FROM THE LEARNED ASSISTANT COMMISSIONER, PANDAVAPURA SUB-DIVISION, PANDVAPURA, MANDYA DISTRICT IN CASE NO.LRF(SRI) 93/2009-10. 2) SET-ASIDE AND QUASH THE IMPUGNED ORDER DATED 20-01-2012, CASE NO.LRF(SRI) 93/2009-10, ANNEXURE-A, PASSED BY THE LEARNED ASSISTANT COMMISSIONER, PANDAVAPURA SUB- DIVISION, PANDVAPURA, MANDYA DISTRICT AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER R.DEVDAS J., (ORAL): Learned High Court Government Pleader takes notice for respondents No.1 to 3. - 3 - HC-KAR NC: 2026:KHC:1942 WP No. 20670 of 2025 Notice to respondent No.4 is not necessary for the following reasons: 2. Learned counsel for petitioner submits that the petitioner herein sold the land in question in favour of respondent No.4 under a registered Sale Deed dated 24.03.2008. However, by a deed of cancellation dated 25.01.2012, the Sale Deed executed by petitioner in favour of respondent No.4 was cancelled. The name of the petitioner was also entered in the revenue records in terms of Annexure-D and E and the same continues in the revenue records even till date. However, the name of the Government is also reflected in the RTC and therefore, the petitioner has filed this writ petition seeking directions to the Revenue Authorities to remove the name of Government from the RTC. 3. Learned High Court Government Pleader however, raises an objection that the Assistant Commissioner initiated proceedings under Section - 4 - HC-KAR NC: 2026:KHC:1942 WP No. 20670 of 2025 79A and B of the Karnataka Land Reforms Act, 1961, (hereinafter referred to as 'the Act' for short) against respondent No.4 and an order was passed on 20.01.2012 declaring the Sale Deed as void and the lands in question were resumed in favour of the Government. The Learned HCGP would therefore, submit that unless the said order dated 20.01.2012 is challenged by respondent No.4 and the same is set aside, the prayer made by the petitioner cannot be granted. Learned HCGP further submits that this Court has held in the case of Sri Krishna Lagatagere v. State of Karnataka and others in W.P.No. 20096/2021 dated 01.09.2022, that the person against whom such an order is passed under Section 79A and B of the Act is only permitted to question the said order and not the subsequent purchaser or the previous vendor. 4. At this juncture, learned counsel for the petitioner submits that the petitioner may be permitted to withdraw this writ petition and file a fresh writ petition - 5 - HC-KAR NC: 2026:KHC:1942 WP No. 20670 of 2025 along with respondent No.4 to enable this Court to pass necessary orders. 5. Accordingly the writ petition stands dismissed as withdrawn while reserving liberty to the petitioner to file a fresh petition along with respondent No.4 to raise a challenge to the impugned order dated 20.01.2012 passed by the Assistant Commissioner. Office is hereby directed to return the original/certified copies to the petitioner while retaining a copy of the same for the file. Sd/- (R DEVDAS) JUDGE PSJ List No.: 1 Sl No.: 22