G.K. SHANKAR v. THE STATE OF KARNATAKA
Case at a glance
Outcome
Dismissed
Accordingly, the writ petition stands dismissed
Provisions considered
- Constitution of India arts. 226, 227
- Karnataka Land Reforms Act, 1961 s. 83
Key paragraphs
- Para 33. This Court the case of Sri. Krishna Lagatagere Vs. State of Karnataka and Others in W.P.No.20096/2021 by order dated 01.09.2022 has held that the person against whom such an order is passed under Sections 79A and 79B of the Act is only permitted to…
- Para 55. Accordingly, the writ petition stands dismissed while reserving liberty to Munikrishnappa who is a vendor of the petitioner against whom the impugned order is passed to raise a challenge to the impugned order dated
Judgment
THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 36716 OF 2025 (LR) BETWEEN: G.K. SHANKAR S/O LATE KENCHAPPA, AGED ABOUT 53 YEARS, R/AT GUNI AGRAHARA VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560 089. (BY SRI. NARAYANA BHAT MOVVAR, ADVOCATE) …PETITIONER AND:
#1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001. Digitally signed by LAKSHMI T Location: High Court of Karnataka
#2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA, BENGALURU RURAL DISTRICT-561 203.
#3. THE TAHASILDAR DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110. (BY SRI. SHAMANTH NAIK, HCGP) …RESPONDENTS - 2 - NC: 2026:KHC:6141 WP No. 36716 of 2025 HC-KAR THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: (A) ISSUE A WRIT, WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED IN LRF.SR(DE)55/2010-11 PASSED BY THE 2ND RESPONDENT PRODUCED AT ANNEXURE-A AS THE SAME IS OPPOSED TO AND WITHOUT PRINCIPLES OF NATURAL JURISDICTION; AND ETC.
31.08.2018 MADE JUSTICE ORDER DATED THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondents No.1 to 3.
#2. The petitioner is raising a challenge to an order dated 31.08.2018 passed by the respondent-Assistant Commissioner at Annexure-A invoking the provisions of Section 83 of the Karnataka Land Reforms Act, 1961, for violation of the provisions contained in Sections 79A and 79B of the Act, which is an order passed against Munikrishnappa the vendor of the petitioner herein. - 3 - NC: 2026:KHC:6141 WP No. 36716 of 2025 HC-KAR
#3. This Court the case of Sri. Krishna Lagatagere Vs. State of Karnataka and Others in W.P.No.20096/2021 by order dated 01.09.2022 has held that the person against whom such an order is passed under Sections 79A and 79B of the Act is only permitted to question the said order and not the subsequent purchaser.
#4. Even if that is the case, the wisdom behind the said order is that proceedings under Sections 79A and 79B of the Act will be initiated calling in question the eligibility or competence of the person to purchase the property. Therefore, it is irrelevant whether the petitioners herein are the vendors of respondent No.4 or subsequent purchasers.
#5. Accordingly, the writ petition stands dismissed while reserving liberty to Munikrishnappa who is a vendor of the petitioner against whom the impugned order is passed to raise a challenge to the impugned order dated
31.08.2018 at Annexure-A in a manner known to law. - 4 - NC: 2026:KHC:6141 WP No. 36716 of 2025 HC-KAR
#6. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE HB List No.: 1 Sl No.: 32
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petition stands dismissed
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227; Karnataka Land Reforms Act, 1961 — s. 83.
Precedent status how later indexed judgments have treated this case
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