Karnataka High Court
Smt Sunita vs The State Of Karnataka on 8 April, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:3130
WP No. 201511 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 201511 OF 2026 (KLR-RR/SUR)
BETWEEN:
SMT SUNITA
W/O SHIVAJIRAO JAGTAP,
AGE: 52 YEARS,
OCC: AGRICULTURE AND HOUSE HOLD,
R/O HULSOOR (K) TQ. AURAD DIST BIDAR.
...PETITIONER
(BY SRI. AMIT CHAGASHETTI, ADVOCATE)
Digitally signed by AND:
SWETA
KULKARNI
Location: HIGH 1. THE STATE OF KARNATAKA,
COURT OF BY ITS SECRETARY REVENUE DEPARTMENT,
KARNATAKA
M S BUILDING, BENGALURU- 01.
2. THE ASSISTANT COMMISSIONER,
BIDAR DIST BIDAR- 585401.
3. THE TAHSILDAR KAMALAPUR
TQ. *KAMALNAGAR DIST. BIDAR- 585401
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA )
*Corrected vide order dated 23.04.2026
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NC: 2026:KHC-K:3130
WP No. 201511 of 2026
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT OF CERTIORARI AND TO QUASH THE ORDER
DATED 07.03.2026 PASSED BY THE RESPONDENT NO.2 IN NO.
AC BDR-19017/56/2025-LRM VIDE ANNEXURE-H BY ALLOWING
THE WRIT PETITION. B) ISSUE WRIT OF MANDAMUS
DIRECTING THE RESPONDENT NO.2 AND 3 TO DELETE THE
NAME OF THE GOVERNMENT FROM THE RECORD OF RIGHTS
AND ENTER THE NAME OF THE PETITIONER IN RECORD OF
RIGHTS IN RESPECT OF SY.NO.33/2 MEASURING 2 ACRES
SITUATED AT HULSOOR (K) VILLAGE, TQ. KAMALAPUR DIST.
BIDAR. C) ISSUE ANY OTHER SUITABLE WRIT, ORDER,
DIRECTION AS THIS HONOURABLE COURT DEEMS FIT UNDER
THE FACTS AND CIRCUMSTANCE OF THE CASE, INCLUDING AN
ORDER OF COST.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. The petitioner is before this Court under Articles 226 & 227 of the Constitution of India, seeking for the following reliefs:
(a) Issue a writ of certiorari and to quash the order dated 07.03.2026 passed by the respondent No.2 in No.AC BDR-19017/56/2025-LRM vide Annexure-H, by allowing the writ petition;
(b) Issue writ of mandamus directing the respondent No.2 and 3 to delete the name of the Government from the record of rights and enter the -3- NC: 2026:KHC-K:3130 WP No. 201511 of 2026 HC-KAR name of the petitioner in record of rights in respect of Sy.No.33/2, measuring 2 acres situated at Hulsoor (K) village, taluk Kamalapur, dist. Bidar;
(c) Issue any other suitable writ, order, direction as this Hon'ble Court deems fit under the facts and circumstances of the case, including an order of cost in the interest of justice and equity.
2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent Nos.1 to 3.
3. The petitioner had purchased the property bearing Survey No.33/2, measuring 2 acres situated at Hulsoor (K) village, taluk Kamalapura, district Bidar, under a registered sale deed dated 12.04.2012 for a valid sale consideration. It appears that, the respondent No.2 had passed an order dated 29.01.2015 in exercise of his powers under Section 83 of the Karnataka Land Reforms Act, 1961 (for short 'the Act') holding that, the aforesaid sale transaction was hit by Section 79(A) of the Act. The said order dated 29.01.2015 was challenged by the petitioner before the Karnataka Appellate Tribunal in Appeal No.420/2015 which was dismissed and therefore, she had -4- NC: 2026:KHC-K:3130 WP No. 201511 of 2026 HC-KAR approached this Court in W.P.No.204326/2018. During pendency of the said writ petition, the Karnataka Land Reforms (Amendment) Ordinance, 2020 came into force with effect from 13.07.2020 and Sections 79(A) and 79(B) of the Principal Act stood omitted with effect from 01.03.1974. In view of the aforesaid, writ petition was disposed of by this Court on 26.07.2021 and subsequently it appears that petitioner has submitted an application to the respondent No.3-Tahasildar with a prayer to enter her name in the revenue records of the aforesaid land on the basis of the aforesaid registered sale deed dated 12.04.2012. It appears that, the Tahasildar had issued a communication vide Annexure-G dated 04.10.2025 to the respondent No.2 - Assistant Commissioner, seeking clarification, and in turn the respondent No.2-Assistant Commissioner has issued the impugned endorsement vide Annexure-H dated 07.03.2026 in proceedings bearing No.AC BDR-1907/56/2025-LRM, stating that the request of the petitioner cannot be considered. It is under these circumstances, the petitioner is before this Court. -5-
NC: 2026:KHC-K:3130 WP No. 201511 of 2026 HC-KAR
4. The copy of the Karnataka Land Reforms (Amendment) Ordinance, 2020 which has came into effect on 13.07.2020 is produced by the learned counsel for the petitioner at Annexure-E. Clause 13 of the said ordinance reads as follows:
"13. Savings - (1) Notwithstanding the omission of Section 79A, 79B and 79C with effect from 1st day of March 1974, the cases already disposed of before the publication of the Karnataka Land Reforms (Amendment) Ordinance, 2020, shall not in any way be affected.
(2) All cases pending on the date of publication of this Act pertaining to Sections 79A, 79B and 79C and consequential thereof shall stand abated."
5. Undisputably, the order passed by the Assistant Commissioner in exercise of his powers under Section 83 of the Act was questioned by the petitioner before this Court in W.P.No.204326/2018 and as on the date the Ordinance came into force, the said writ petition was pending and therefore, in view of sub-clause 2 of Clause 13, the said writ petition stood abated, since Section 79A and 79B were omitted by virtue of the aforesaid Ordinance with effect from 01.03.1974. This Court while disposing of -6- NC: 2026:KHC-K:3130 WP No. 201511 of 2026 HC-KAR W.P.No.204326/2018 by order dated 26.07.2021 in paragraph No.4, has observes as follows:
"4. Learned Additional Government Advocate for respondents submits that by virtue of omission of Section 79A of the KLR Act (Amendment Act, 2020), the order of the Assistant Commissioner dated 29.01.2015 on its own lapses, as such writ petition does not survive for consideration."
6. In view of the aforesaid, the respondent No.2 - Assistant Commissioner was not justified in passing the impugned endorsement/communication at Annexure-H. Under the circumstances, the same cannot be sustained. Accordingly, the following:
ORDER The writ petition is allowed and the impugned order at Annexure-H dated 07.03.2026 bearing No.AC BDR-1907/56/2025-LRM issued by the respondent No.2 is quashed and consequently direction is issued to the respondent No.3 to delete the name of the State Government from the revenue records of the land in question and enter -7- NC: 2026:KHC-K:3130 WP No. 201511 of 2026 HC-KAR the name of the petitioner, as expeditiously as possible, but not later than a period of two months from the date of receipt of copy of this order.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE Svh/-
List No.: 1 Sl No.: 33 CT:PK