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Karnataka High Court

Smt Munirathnamma vs The Principal Secretary on 29 October, 2025

Author: S Sunil Dutt Yadav

Bench: S Sunil Dutt Yadav

                                              -1-
                                                           NC: 2025:KHC:43156
                                                         WP No. 30522 of 2025


                   HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 29TH DAY OF OCTOBER, 2025

                                            BEFORE
                         THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
                            WRIT PETITION NO. 30522 OF 2025 (LR)

                   BETWEEN:

                         SMT. MUNIRATHNAMMA
                         W/O. SHIVANNA,
                         AGED 52 YEARS,
                         R/AT. SUBMANGALA VILLAGE,
                         SAMANDUR POST,
                         ANEKAL TALUK-562 106.
                                                                 ...PETITIONER
                   (BY SRI. RAVI SHANKAR K., ADVOCATE)

                   AND:

                   1.    THE PRINCIPAL SECRETARY,
                         DEPARTMENT OF REVENUE,
Digitally signed         STATE OF KARNATAKA,
by VIJAYA P
Location:
                         VIDHANA SOUDHA,
HIGH COURT               BANGALORE - 560 001.
OF
KARNATAKA

                   2.    THE DEPUTY COMMISSIONER,
                         BANGALORE SOUTH DISTRICT,
                         DISTRICT ADMINISTRATIVE OFFICE,
                         RAMANAGARA-562159.

                   3.    THE ASSISTANT COMMISSIONER,
                         RAMANAGARA SUB-DVN.,
                         RAMANAGARA,
                         BANGALORE SOUTH DISTRICT - 562159.
                             -2-
                                            NC: 2025:KHC:43156
                                       WP No. 30522 of 2025


HC-KAR




4.   THE TAHSILDAR,
     KANAKAPURA TALUK,
     TALUK ADMINISTRATIVE OFFICE,
     BANGALORE SOUTH DISTRICT - 562117.
                                               ...RESPONDENTS

(BY SRI. V. SESHU, HCGP FOR R1 TO R4)

     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS IN LRF.79(A)AND(B):43/2018-19 DATED
02-11-2019 FROM THE OFFICE OF RESPONDENT NO.3-
ASSISTANT COMMISSIONER VIDE ANNEXURE-A AND ETC.,

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV


                      ORAL ORDER

The petitioner has sought for setting aside of the order dated 02.11.2019 at Annexure-A passed by the Assistant Commissioner, whereby the Assistant Commissioner after recording a finding that the petitioner herein had not produced any documents reflecting the annual income and as no records were submitted to indicate that they were from an agricultural family, has found that there was violation of Section 79A and 79B of the Karnataka Land Reforms Act, 1961 and accordingly, -3- NC: 2025:KHC:43156 WP No. 30522 of 2025 HC-KAR the sale deed dated 27.02.2018 was declared to be void and further steps were directed to be taken for forfeiture of the land.

2. Learned Additional Government Advocate submits that no steps have been taken pursuant to the impugned order for resumption of land by the State after forfeiture.

3. It is to be noticed that the Amendment Act, 2020 has been passed omitting Section 79A and 79B of Karnataka Land Reforms Act, by an Amendment Ordinance. If forfeiture is not completed as on the date of the amendment Act coming into force, in light of the repeal of Section 79A and 79B, all proceedings would abate. These are the aspects to be taken of by the Assistant Commissioner and orders to be passed. Certain observations have been made by the Co-ordinate Bench in W.P.No.25710/2025 as well as W.P.No.25707/2025 and -4- NC: 2025:KHC:43156 WP No. 30522 of 2025 HC-KAR the Assistant Commissioner to take note of the same and pass appropriate orders.

4. Accordingly, the order at Annexure-A is set aside, matter is remitted to the Assistant Commissioner to consider and pass appropriate orders in light of the observations made above. Petitioner to appear before the Assistant Commissioner without further notice on 12.11.2025.

Accordingly, the petition is disposed of.

Sd/-

(S SUNIL DUTT YADAV) JUDGE MCR