- 1 - NC: 2025:KHC:15250 WP No. 26439 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 26439 OF 2024 (LR) BETWEEN: SRI. SEBASTIAN ANTONY S/O P.A. ANTONY AGED ABOUT 55 YEARS OCC: AGRICULTURIST R/O AT NO.536, 2ND FLOOR 4TH CROSS, HMT LAYOUT GANGANAGAR, RT NAGAR BENGALURU-560 032. …PETITIONER (BY SRI. SAMPATH BAPAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE AMBEDKAR VEEDHI VIDHANA SOUDHA BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU- 570 001. 3. THE ASSISTANT COMMISSIONER HUNSUR SUB-DIVISION HUNSUR TALUK-571 105. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15250 WP No. 26439 of 2024 4. THE TAHSILDAR K.R. NAGAR TALUK K.R. NAGAR-571 602. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 29/08/2012 IN CASE NO. LRF. 198/2011-12 PASSED BY THE R3 ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. An order of forfeiture was passed by the Assistant Commissioner on the ground that the purchase made by the petitioner contravenes Section 79A and 79B of the Karnataka Land Reforms Act, 1961. 2. Being aggrieved by this order, the petitioner preferred an appeal before the Karnataka Appellate Tribunal (KAT), but the said appeal was dismissed for non-prosecution. - 3 - NC: 2025:KHC:15250 WP No. 26439 of 2024 3. Thereafter, an application was filed for recalling the said order and for restoration of the said appeal, but the said petition has also been dismissed as being not maintainable. Hence, the petitioner is before this Court 4. Learned counsel for the petitioner points out, on merits, that the Assistant Commissioner could not have held that the petitioner was not an agriculturist and could not have purchased the said land in the light of the permission that had been granted by the Assistant Commissioner on 19.06.2004, whereby the Assistant Commissioner had granted permission for purchasing land bearing Sy.No.9/1 measuring 2 acres 27 guntas and Sy.No.9/2P measuring 2¾ guntas in Uddaboranahalli village, Lakkya Hobli, Chickmagalur Taluk. Copy of the said permission granted by the Assistant Commissioner is also placed on record along with the Memo. - 4 - NC: 2025:KHC:15250 WP No. 26439 of 2024 5. In the light of the fact that the Assistant Commissioner himself had granted permission for the petitioner to purchase an agricultural property earlier in the year 2004, obviously the Assistant Commissioner could not have come to the conclusion that the petitioner was not an agriculturist and he would not have purchased the land in question. 6. In that view of the matter, in my view, the impugned order at Annexure-E and its affirmation by the KAT cannot be sustained and the same are accordingly set aside. Writ Petition is, accordingly, allowed. 7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 34