Karnataka High Court
Sri Eshwarappa G vs The Deputy Commissioner on 17 December, 2025
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NC: 2025:KHC:53769
WP No. 21304 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT PETITION NO. 21304 OF 2016 (LR)
BETWEEN:
SRI ESHWARAPPA G
S/O LATE GIRITHIMMAPPA
AGED ABOUT 60 YEARS
KANCHIKOPPA VILLAGE ,
HONNALI TALUK
DAVANAGERE DISTRICT-577 522.
...PETITIONER
(BY SRI. SANTHOSH KUMAR.M.B, ADVOCATE FOR
SRI.MADHUKAR NADIG., ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
OFFCE OF DEPUTY COMMISSIONER
DAVANGERE DISTRICT- 577 522.
Digitally signed by
PANKAJA S 2. THE ASSISTANT COMMISIONER
Location: HIGH OFFICE OF ASSISTANT COMMISSIONER
COURT OF DAVANAGERE DISTRICT- 577 522.
KARNATAKA
3. THE DEPUTY TAHASILDAR
OFFICE OF NADAKACHERI
NYAMATHI HOBLI,
HONNALI TALUK
DAVANAGERE DISTRICT- 577 522.
4. SMT. GOWRAMMA
W/O LATE MAHADEVAPPA
AGED NOT KNOWN
KANCHIKOPPA VILLAGE,
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NC: 2025:KHC:53769
WP No. 21304 of 2016
HC-KAR
HONNALI TALUK,
DAVANAGERE DISTRICT- 577 522.
5. SRI. SHEKARAPPA
S/O BASAPPA
AGED NOT KNOW
MALLEGENAHALLI VILLAGE
HONNALI TALUK
DAVANAGERE DISTRICT- 577 522.
...RESPONDENTS
(BY SRI. KIRAN KUMAR, HCGP FOR R1-R3;
V/O DTD 2/9/21, NOTICE TO R4 IS H/S;
R5- SD, UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE
IMPUGNED ORDER DTD. 15.12.2003 PASSED BY THE R-1 IN
R.A.NO.11/2002-2003 FILED UNDER SECTION 136(3) OF THE
KARNATAKA LAND REVENUE ACT (AS PER ANNX-D) AND
CONSEQUENTLY SETA-SIDE IMPUGNED ORDER PASSED BY
THE R-2 PASSED BY THE R-2 IN R.A NO.45/2001-02 DTD.
27.3.2002 (AS PER ANNX-C) AND ALLOW THE WRIT PETITION.,
AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
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NC: 2025:KHC:53769
WP No. 21304 of 2016
HC-KAR
ORAL ORDER
In this petition, the petitioner has sought for a writ of certiorari to quash the impugned order dated 15.12.2003 passed by the Deputy Commissioner in RA 11/2002-03 as per Annexure-D and also the portion of the impugned order dated 27.03.2002 passed by the Assistant Commissioner in RA 54/01-02 as per Annexure-C, to the extent, directing to resume the subject land to the Government for violation of Section 79B of the Karnataka Land Reforms Act, 1961.
2. The grievance of the petitioner is that the father of the petitioner, late Girithimappa and the husband of respondent No.4, late Mahadevappa, were jointly purchased the agricultural land in Sy.No.254/1 measuring 1 acre 18 guntas situated at Belagutthi Village, Honnali Taluk, Davanagere District (for brevity "Subject land") through a registered Sale Deed dated 08.11.1971 executed by one Seetharamappa and Hanumavva vide -4- NC: 2025:KHC:53769 WP No. 21304 of 2016 HC-KAR document No.1559/1971-72. After purchase of the subject land, revenue entries mutated in the joint names of petitioner's father and the husband of respondent No.4. Till the death of petitioner's father, they both were in possession and cultivation of the subject land. Thereafter, the petitioner came to know, in the subject land to an extent of 1 acre 4 guntas was sold by respondent No.4 to respondent No.5 and mutation was registered in the name of respondent No.5 in MR No.39/94-95. However, the remaining portion of the subject land continued in the name of respondent No.4 only. As such, the petitioner approached the Assistant Commissioner by filing in RA 54/01-2002 seeking to change the mutation entry since the entire subject land was purchased by his father and husband respondent No.4, jointly. The respondent No.2, after hearing both the parties has passed the impugned order by partly allowing the appeal by directing to enter the name of petitioner and wife respondent No.4 in respect of the entire subject land i.e., 1 acre 18 guntas. However, -5- NC: 2025:KHC:53769 WP No. 21304 of 2016 HC-KAR the Assistant Commissioner further observed in the impugned order that by violating the provision of Section 79B of the Karnataka Land Reforms Act, 1961 (for brevity "the KLR Act"), the portion of the subject land was sold by respondent No.4, as such the land should be vested with Government. The said order has been challenged by the petitioner before the Deputy Commissioner. However, the Deputy Commissioner rejected the appeal by affirming the order of the Assistant Commissioner. Challenge to the same is lis before this Court.
3. Heard the learned counsel for the petitioners also the learned AGA.
4. The primary contention of the learned counsel for the petitioner is that in view of the amendment of KLR Act on 30.12.2020, Section 79B of the Act was omitted and the same is applicable to all the cases pending before any Court, Tribunal and Authority Competent. As such, the Assistant Commissioner has no such jurisdiction to pass an -6- NC: 2025:KHC:53769 WP No. 21304 of 2016 HC-KAR order to vest the land to the Government. He also contended that, in view of the clear findings of the Assistant Commissioner in the impugned order, the revenue entries have to be mutated in the name of the petitioner and respondent No.4. Accordingly, prays to set aside the portion of the order passed by the Assistant Commissioner and also the order passed by the Deputy Commissioner.
5. Per contra, the learned AGA fairly submitted that in view of amendment to the KLR Act and also the omission of Section 79B of the KLR Act, the portion of the order has to be set aside.
6. I have given my anxious consideration both on the submissions and the perused the impugned orders and also the Gazette Notification placed by the learned counsel for the petitioner.
7. On careful examination of the same, the Karnataka Land Reforms Act, 1961 was amended as on -7- NC: 2025:KHC:53769 WP No. 21304 of 2016 HC-KAR 30.12.2020, accordingly Gazette Notification was also issued to the effect that Section 79B is omitted. Clause 12. Savings, of the Gazette Notification reads as follows:
"12. Savings.- (1) Notwithstanding the omission of sections 79A, 79B and 97C with effect from 1st day of March, 1974, all cases finally disposed off before the promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020) shall remain unaffected by the said Ordinance.
(2) All cases pending before any Court, tribunal or other authority competent under the provision of the Principal Act on the date of promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020) pertaining to sections 79A, 79B, 79C shall hereby stand abated."
8. In view of the above, as rightly contented by the learned counsel for the petitioner, the Assistant Commissioner ought not to have order to vest the land -8- NC: 2025:KHC:53769 WP No. 21304 of 2016 HC-KAR with the Government and to enter the name of the Government in the revenue entries. Accordingly, the said portion of the order is required interference. Accordingly, I pass the following:
ORDER:
i) The Writ Petition is allowed.
ii) The writ of certiorari is issued.
iii) The impugned order dated 15.12.2003 passed by the Deputy Commissioner in RA 11/2002-03 as per Annexure-D is quashed.
iv) The portion of the impugned order dated 27.03.2002 passed by the Assistant Commissioner in RA 54/01-02 as per Annexure-C to the extent of resuming the land to the Government is also quashed.
v) Consequently the Assistant Commissioner is directed to enter the name of the petitioner and respondent No.4 jointly, in the revenue entries in respect of the subject land.
SD/-
(RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 17