Karnataka High Court
M.R Ganesh vs The State Of Karnataka on 17 November, 2025
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2025:KHC:46931
WP No. 32566 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 32566 OF 2025 (LR)
BETWEEN:
M.R GANESH
AGED ABOUT 59 YEARS,
S/O. SRI. RAMAIAH GOWDA,
RESIDING AT SWASTHIK, NO.138,
7TH CROSS, 29TH MAIN ROAD,
BTM 2ND STAGE,
BENGALURU-560 070.
...PETITIONER
(BY SRI. GANESH BHAT Y.H..,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S BUILDINGS,
Digitally signed DR. BR AMBEDKAR VEEDHI,
by SUMA B N BENGALURU - 560 001.
Location:
HIGH COURT
OF
KARNATAKA 2. THE ASSISTANT COMMISSIONER,
RAMANAGARA SUB-DIVISION,
OFFICE OF THE ASSISTANT COMMISSIONER,
MINI VIDHAN SOUDHA,
RAMANAGARA - 562 159.
3. THE TAHASILDAR,
RAMANAGARA TALUK,
OFFICE OF THE TAHASILDAR,
MINI VIDHAN SOUDHA,
RAMANAGARA - 562 159.
...RESPONDENTS
(BY SRI. V. SESHU., HCGP)
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NC: 2025:KHC:46931
WP No. 32566 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR
RECORDS FROM THE RESPONDENT NO. 2 PERTAINING TO THE
PROCEEDINGS IN LRF (R) 79A AND B/80/2009-10 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
Petitioner is calling in question the correctness of the order dated 30.11.2013, at Annexure-L passed by the respondent No.2-Assistant Commissioner.
2. In terms of the order at Annexure-L, respondent No.2- Assistant Commissioner has recorded a finding that there was violation of Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 and observed that the sale deed dated 04.10.2008 is void and that further the land in Survey No.123/8, measuring 17 guntas, situated at Bannigiri Village, Bidadi Hobli, Ramanagara District would stand vested in the State free from all encumbrance.
3. The said order has been challenged by the petitioner on various grounds including that the proceedings of the respondent No.2-Assitstant Commissioner was without notice -3- NC: 2025:KHC:46931 WP No. 32566 of 2025 HC-KAR and that further insofar as land adjacent to the land in question, the proceedings under Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 were rejected against the same petitioner after recording a finding that he is an agriculturalist.
4. It is to be noticed that by virtue of Act No.56 of 2020, there is an amendment to the Karnataka Land Reforms Act, 1961 and Sections 79A and 79B have been omitted.
5. Learned AGA submits that after the order at Annexure- L, no further proceedings have been taken to take over possession of the land.
6. In light of the same, taking note of Order passed in W.P. No.5492/2025, it would be appropriate to remand the matter back to the respondent No.2-Assistant Commissioner, taking note of the omission of Sections 79A and 79B of the Karnataka Land Reforms Act and its legal consequences.
7. Possession not taken pursuant to the impugned order, the consequences of omission of 79A and 79B of the Karnataka Land Reforms Act, is an aspect that needs to be taken note of by the respondent No.2-Assistant Commissioner apart from -4- NC: 2025:KHC:46931 WP No. 32566 of 2025 HC-KAR taking note of the observations made in W.P. Nos.25710/2025 and 25707/2025.
8. Accordingly, order dated 30.11.2013 passed by the respondent No.2-Assistant Commissioner at Annexure-L is set- aside. Matter is remitted for fresh consideration.
9. In the light of the observations made above, petitioner to be presents himself before the respondent No.2-Assistant Commissioner without further notice on 08.12.2025.
10. With the above observation, petition is disposed of.
Sd/-
(S SUNIL DUTT YADAV) JUDGE RL List No.: 1 Sl No.: 33