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Karnataka High Court

Mr. Santhosh N vs The State Of Karnataka on 30 October, 2025

Author: S Sunil Dutt Yadav

Bench: S Sunil Dutt Yadav

                                               -1-
                                                           NC: 2025:KHC:43465
                                                         WP No. 29732 of 2025


                   HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 30TH DAY OF OCTOBER, 2025

                                              BEFORE
                         THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
                            WRIT PETITION NO. 29732 OF 2025 (LR)

                   BETWEEN:
                         MR. SANTHOSH N.
                         S/O NAGARAJ B.,
                         AGED ABOUT 43 YEARS,
                         RESIDING AT NO.12,
                         1ST CROSS, OOTY MAIN ROAD,
                         GUNDURAONAGARA,
                         MYSORE - 570008.
                                                                 ...PETITIONER
                   (BY SRI. BHARGAV D. BHAT., ADVOCATE)

                   AND:
                   1.    THE STATE OF KARNATAKA,
                         REPRESENTED BY ITS SECRETARY,
Digitally signed         REVENUE DEPARTMENT,
by VIJAYA P
Location: HIGH           VIDHANA SOUDHA,
COURT OF
KARNATAKA                BENGALURU - 560001.

                   2.    THE ASSISTANT COMMISSIONER,
                         MYSURU SUB-DIVISION,
                         MYSURU - 570001.

                   3.    THE TAHSILDAR,
                         MYSURU TALUK,
                         MYSURU-570001.
                                                              ...RESPONDENTS
                   (BY SRI. V. SESHU, HCGP)
                                   -2-
                                                    NC: 2025:KHC:43465
                                              WP No. 29732 of 2025


 HC-KAR




     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 07.09.2016 PASSED BY THE R2 IN LRF NO.79(A) AND
(B)134/2013-14 (AS PER ANENXURE-A).

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

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


                           ORAL ORDER

Learned High Court Government Pleader is directed to accept notice for the respondents. The petitioner has filed a memo along with digitally signed copy of Annexure-A, same is taken on record.

2. The petitioner has called in question the correctness of the order of the Assistant Commissioner at Annexure-A dated 07.09.2016, by virtue of which the Assistant Commissioner after recording a finding that the records for five years relating to the income not having been submitted and having come to a finding that there is a violation of Sections 79A and 79B of the Karnataka Land Reforms Act, has declared the sale deed dated 13.06.2013 -3- NC: 2025:KHC:43465 WP No. 29732 of 2025 HC-KAR as void and directed the Government to take further steps including taking possession of the land.

3. Learned counsel for the petitioner submits that by virtue of amendment made to the Karnataka Land Reforms Act in the year 2020, omission of Sections 79A and 79B, the proceedings abate and as possession was not taken by the Government and has continued with the petitioner, and accordingly it is submitted that the petitioner is entitled for an order of setting aside the order of the Assistant Commissioner.

4. Learned High Court Government Pleader submits that the assertion of the petitioner that possession was not taken, is not controverted.

5. Taking note of the Karnataka Land Reforms Amendment Ordinance, 2020 and the observations made in W.P.No.25707/2025 as well as W.P.No.25710/2025, the Assistant Commissioner is to pass a considered order. Accordingly, the order at Annexure-A is set aside, matter -4- NC: 2025:KHC:43465 WP No. 29732 of 2025 HC-KAR is remitted to the Assistant Commissioner to take appropriate decision, taking note of the omission of Sections 79A and 79B.

6. The petitioner without further notice is to be present before the Assistant Commissioner on 13.11.2025. The Assistant Commissioner to proceed in terms of the above discussion and pass appropriate orders.

Accordingly, the petition is disposed of.

Sd/-

(S SUNIL DUTT YADAV) JUDGE MCR