Bibikairunnisa W.O. Mohamed Khayas Abumohammed Vs… — Writ and Judicial Review | Karnataka HC (2025)

Bibikairunnisa W.O. Mohamed Khayas Abumohammed Vs… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; orders dated 28.09.2006 (Annexure-B), 18.02.2013 (Annexure-E) and 26.06.2024 (Annexure-G) set aside; respondent No.3 directed to restore the petitioner's name in the revenue records for Survey No.126/2 (0-10-0), Manki Village within 6 weeks of receipt of a copy of the order.

Issue for consideration

Whether, in view of the omission of Sections 79A, 79B and 79C of the Karnataka Land Reforms Act, 1961 with effect from 01.03.1974 pursuant to the Karnataka Land Reforms (Amendment) Act, 2020, the order dated 28.09.2006 (Annexure-B), the order dated 18.02.2013 (Annexure-E) and the order/endorsement dated 26.06.2024 (Annexure-G) abate. +1 more

Court's answer

Pursuant to the Karnataka Land Reforms (Amendment) Act, 2020, Sections 79A, 79B and 79C of the Karnataka Land Reforms Act, 1961 were omitted with effect from 01.03.1974, and consequently the order dated 28.09.2006 passed by the Assistant Commissioner (Annexure-B), the order dated 18.02.2013 passed by the Karnataka Appellate Tribunal, Bengaluru (Annexure-E) and the order dated 26.06.2024 passed by respondent No.3, the Tahasildar, Honnavar (Annexure-G) abate.

Ratio / Principle

Respondent No.3 is directed to restore the name of the petitioner in the revenue records in respect of land bearing Survey No.126/2 to the extent of 0-10-0 at Manki Village, within six weeks from receipt of a copy of the order.

Detailed headnote1 paragraphs

Writ Petition (LR) No. 105111 of 2025, filed under Articles 226 and 227 of the Constitution of India by Bibikairunnisa w/o Mohamed Khayas Abumohammed, challenged the order dated 28.09.2006 (No. SANKEBOOSU/AP/SR/15/2001-02, Annexure-B), the Karnataka Appellate Tribunal order dated 18.02.2013 in Appeal No.187/2007 (CH-2) (Belgaum Camp) (Annexure-E) and the endorsement dated 26.06.2024 (No. LRM/VIVA/236/2023-24) issued by the Tahasildar, Honnavar (Annexure-G), and sought a writ of mandamus directing respondent No.3 to restore the petitioner's name in the revenue records for Survey No.126/2 (extent 0-10-0) at Manki Village. The petitioner contended she was not an income tax assessee and that the burden lay on the State to prove her income exceeded the prescribed limit of ₹2,00,000/-. The court held that, pursuant to the Karnataka Land Reforms (Amendment) Act, 2020, Sections 79A, 79B and 79C of the Karnataka Land Reforms Act, 1961 were omitted with effect from 01.03.1974, and consequently all three orders/endorsements abate. The petition was allowed; the three orders were set aside; respondent No.3 was directed to restore the petitioner's name in the revenue records within six weeks. Single-judge oral order of Justice Ashok S. Kinagi, High Court of Karnataka (Dharwad Bench), dated 02.09.2025. No precedents were cited in this judgment.

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 2^ND DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 105111 OF 2025 (LR)

BETWEEN:

BIBIKAIRUNNISA W/O. MOHAMED KHAYAS ABUMOHAMMED,

AGE: 52 YRS, OCC: AGRICULTURE AND HOUSE HOLD, R/O: MANKI – 581 348, TQ: HONNAVAR, DIST: UTTAR KANNDA.

…PETITIONER

(BY SRI. D. J. NAIK, ADVOCATE)

AND:

MOHANKUMAR B SHELAR

Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA, REPRESENTED BY THE ASSISTANT COMMISSIONER, BHATKAL – 581 320, TQ: HONAVAR, DIST: UTTAR KANNDA.

THE DEPUTY COMMISSIONER, DIST: UTTAR KANNADA – 581 301, NIL RESPONDENT NO.2.

THE TAHASHILDAR, HONAVAR – 581 334, TQ: HONAVAR, DIST: UTTAR KANNADA.

CHANDRAKANTH VITOB MAHALE, AGE: 52 YRS, R/O: C/O: RAMESH, MANKI, OCC: AGRICULTURIST

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AND HOUSEHOLD, TQ: HONAVAR, DIST: UTTAR KANNDA – 581 348.

SHRIKANTH VITOB MAHALE, AGE: 55 YRS, OCC: AGRICULTURIST AND HOUSEHOLD, R/O: C/O. RAMESH MANKI, TQ: HONAVAR, DIST: UTTAR KANNDA 581 348.

VISHNU JANARDHAN MAHALE, AGE: 45 YRS, R/O: C/O. RAMESH MANKI, OCC: AGRICULTURIST AND HOUSEHOLD, TQ: HONAVAR, DIST: UTTAR KANNDA – 581 348. 7. TULASIDHASA JANARDHAN MAHALE, AGE: 42 YRS, OCC: AGRICULTURIST AND HOUSEHOLD, R/O: C/O. RAMESH MANKI, TQ: HONAVAR, DIST: UTTAR KANNDA – 581 348.

RAMESH JANARDHAN MAHALE, AGE: 40 YRS, OCC: AGRICULTURIST AND HOUSEHOLD, R/O: C/O. MANKI – 581 348, TQ: HONAVAR, DIST: UTTAR KANNDA.

GANGADHAR ANANTH MAHALE, AGE: 38 YRS, OCC AGRICULTURIST AND HOUSEHOLD, R/O: C/O. MANKI – 581 348, TQ: HONAVAR, DIST: UTTAR KANNDA.

JAYANT NARASHIMHA MAHALE, AGE: 41 YRS, OCC: AGRICULTURIST AND HOUSEHOLD, R/O: C/O: MANKI – 581 348, TQ: HONAVAR, DIST: UTTAR KANNDA.

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PRABHAKAR NARASHIMHA MAHALE, AGE: 56 YRS, OCC: AGRICULTURIST, AND HOUSEHOLD, R/O: C/O: MANKI – 581 348, TQ: HONAVAR, DIST UTTAR KANNDA.

DAMODHAR NARASHIMHA MAHALE, AGE: 41 YRS, OCC: AGRICULTURIST AND HOUSEHOLD, R/O: C.O. RAMESH MANKI, TQ: HONAVAR, DIST: UTTAR KANNDA – 581 348.

…RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE QUASH THE ORDER DATED 28/09/2006 BEARING NO. SANKEBOOSU/AP/SR/15/2001-02 PASSED BY THE RESPONDENT NO.3. VIDE ANNEXURE-B. QUASH THE ORDER DATED 18/02/2013 APPEAL NO.187/2007 (CH-2) (BELGAUM CAMP) PASSED BY THE KARNATAKA APPELLATE TRIBUNAL BANGALORE. VIDE ANNEXURE-E. QUASH THE ENDORSEMENT DATED 26/06/2024 BEARING NO. LRM/VIVA/236/2023-24 PASSED BY THE RESPONDENT NO.3. VIDE ANNEXURE-G. ISSUE WRIT OF MANADAMUS DIRECTING THE R-3 TO RESTORE THE NAME OF THE PETITIONER IN THE REVENUE RECORDS IN RESPECT LAND SURVEY NO. 126/2 TO THE EXTENT OF 0-10-0 AT MANKI VILLAGE AND ETC.,

(BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENTS)

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

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ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

This petition is filed by the petitioner challenging the order dated 28.09.2006 passed by respondent No.3 vide Annexure-B, and the order dated 18.02.2013 passed by the Karnataka Appellate Tribunal, Bengaluru, vide Annexure-E, the endorsement dated 26.06.2024 issued by respondent No.3 vide Annexure-G and sought for a writ of mandamus directing respondent No.3 to restore the name of the petitioner in the revenue records in respect of the land bearing Survey No.126/2 to the extent of 0-10-0 of Manki Village.

The brief facts leading rise to the filing of this petition are as follows:

The petitioner submitted a representation before respondent No.1. However, respondent No.1 had not taken any steps to consider the representation submitted by the petitioner and has not passed any order on the same. Thus, the petitioner filed the

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present petition seeking a writ of mandamus directing respondent No.1 to consider the representation submitted by the petitioner.

It is contended by the petitioner that, she is not an income tax assessee. The petitioner had produced a certificate before the Karnataka Appellate Tribunal. Thus the burden shifts on respondent No.2 to show that

the petitioner had an income source other than agriculture, and that the income exceeded the prescribed limit of ₹2,00,000/-, and the burden was not discharged by respondent No.2. Hence, the petitioner, aggrieved by the orders passed by the respondents, filed this petition.

Heard the learned counsel for the petitioner and also learned Addl. Government Advocate for the respondent-State.

Admittedly, pursuant to the Amendment to the Karnataka Land Reforms (Amendment) Act, 2020,

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Sections 79A, 79B, and 79C of the Karnataka Land Reforms Act, 1961 were omitted with effect from 01.03.1974. In view of the same, the order dated 28.09.2006 passed by the Assistant Commissioner vide Annexure-B, the order dated 18.02.2013 passed by the Karnataka Appellate Tribunal, Bengaluru vide Annexure-E and the order dated 26.06.2024 passed by Respondent No.3-the Tahasildar, Honnavar vide Annexure-G are abated.

In view of the above observation, I proceed to pass the following:

ORDER

i. The Writ petition is allowed.

ii. The Order dated 28.09.2006 passed by the Assistant Commissioner vide Annexure-B, order dated 18.02.2013 passed by Karnataka Appellate Tribunal, Bengaluru, vide Annexure-E and the order

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dated 26.06.2024, passed by respondent No.3 vide Annexure-G, are set aside.

iii. Respondent No. 3 is directed to restore the name of the petitioner in the revenue records in respect of land bearing Survey No.126/2 to the extent of 0- 10-0 at Manki Village, within a period of 6 weeks from the date of receipt of a copy of this order.

Sd/(ASHOK S. KINAGI) JUDGE

gab CT-ASC List No.: 2 Sl No.: 22