- 1 - NC: 2025:KHC:11290 WP No. 6533 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6533 OF 2023 (KLR-RR/SUR) BETWEEN: 1. MRS SIDDAMMA AGED ABOUT 86 YEARS, D/O LATE RANGAMMA AND W/O LATE S.A. NANJAPPA, R/AT KADUSONNAPPANAHALLI VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE (SENIOR CITIZEN BENEFIT NOT CAIMED) …PETITIONER (BY SRI. VIJAY KUMAR PRAKASH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, MS BUILDING, DR B.R.AMBEDKAR ROAD, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT-560001. 3. THE TAHSIDLAR BANGALORE EAST TALUK, BANGALORE-560002. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 AND 3 TO CONSIDER THE REPRESENTATIONS GIVEN BY THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11290 WP No. 6533 of 2023 PETITIONER VIDE ANNEXURE-F, G, H AND J RESPECTIVELY AND PASS SUITABLE ORDER TO RESTORE THE LAND IN SY.NO. 52 OF KADUSONNAPPANAHALLI WHICH HAS BEEN FORFEITED BY THE GOVERNMENT FOR NON-PAYMENT OF THE LAND REVENUE UNDER RULE 119 OF THE KARNATAKA LAND REVENUE RULES, 1966 IN FAVOUR OF THE PETITIONER, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is for issuance of a mandamus to direct respondent Nos.2 and 3 to consider the representations, which are produced as Annexure - F, G, H and J, whereby the petitioner is requesting the Authorities to restore the land bearing Sy.No.52 of Kadusonnappanahalli, which had been forfeited to the Government for non-payment of land revenue. 2. It is the case of the petitioner that the land in question was forfeited due to non-payment of land revenue. The provision which relates to forfeiture of - 3 - NC: 2025:KHC:11290 WP No. 6533 of 2023 occupancy is found in Section 163 of the Karnataka Land Revenue Act, 1964 and reads as follows: "163. Forfeiture of occupancy or alienated holding.- (1) The Tahsildar may declare the occupancy or alienated holding in respect of which an arrear of land revenue is due, to be forfeited to the State Government, and sell or otherwise dispose of the same under the provisions of Sections 87 and 88 and credit the proceeds, if any, to the defaulter's account: Provided that the Tahsildar shall not declare any such occupancy or alienated holding to be forfeited.- (a) unless previously thereto he shall have issued a proclamation and written notices of the intended declaration in the manner prescribed under Section 168 for effecting sales of immoveable property; and (b) until after the expiration of at least fifteen days from the latest date on which any of the said notices shall have been published as prescribed under Section 168: Provided further that notwithstanding anything contained in sub-section (1) of Section 87, the Tahsildar shall not declare any such occupancy or alienated holding to be forfeited to the State Government, where the arrears of land revenue due does not exceed rupees ten thousand. - 4 - NC: 2025:KHC:11290 WP No. 6533 of 2023 (2) When any occupancy or alienated holding is declared forfeited under sub-section (1), the Tahsildar may, before such occupancy or alienated holding is sold or otherwise disposed of, cancel the declaration of forfeiture, if the defaulter or any person interested in the occupancy or alienated holding pays the entire arrears of land revenue due and all expenses incurred so far in the recovery proceedings as may be fixed by the Tahsildar". 3. Section 163 (1) enables the land to be forfeited to the Government, if there is arrears of land revenue and it also enables the Government to sell or dispose of the same to recover the land revenue arrears. 4. Section 163(2) states that, if any land which is ordered to be forfeited, the occupant or any person interested in the land approaches the Tahsildar and offers to pay the arrears of land revenue, the Tahsildar is bound to restore the land to the defaulter. The only circumstances under which the Tahsildar can refuse such restoration is, if the lands are already sold or disposed of to recover the arrears of land revenue. - 5 - NC: 2025:KHC:11290 WP No. 6533 of 2023 5. In this case, it is not the case of the respondents that the property has been sold or otherwise disposed of for recovery of land revenue. 6. In the light of the said legal provision, the Tahsildar is directed to accept the arrears of land revenue and also any expenses, that the State may have incurred for recovery of the land revenue and, thereafter, restore the land in favour of the petitioner. 7. This writ petition is accordingly allowed. 8. This exercise shall be undertaken and completed within a period of three months from the date of receipt of the copy of this order. 9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR,List No.: 1 Sl No.: 2