- 1 - HC-KAR NC: 2025:KHC:33098 WP No. 25401 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25401 OF 2025 (LR-) BETWEEN: SMT. SAYEDA PARVEEN TAJ W/O LATE SYED ASGER JAN, AGED ABOUT 46 YEARS, R/A NO. BASAVESHWARA TEMPLE, LAVANYA COMPLEX, HOSAHALLI, MANDYA-571401 …PETITIONER (BY SRI. SRIKANTH N.V.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE - 560001 2. THE TAHASILDAR NANJANAGUD TALUK, NANJANAGUD - 571301 3. THE ASSISTANT COMMISSIONER, MYSORE SUB-DIVISION, MYSORE 575001 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33098 WP No. 25401 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS AND ISSUE WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE 3RD RESPONDENT IN CASE NO. LRF- 79(A) AND (B) 202/2012-13 DATED-04.09.2013 AS PER ANNEXURE -A AND REMAND THE MATTER BACK TO THE 3RD RESPONDENT FOR FRESH CONSIDERATION IN ACCORDANCE WITH LAW AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioner is aggrieved by the order dated 04.09.2013 passed by the respondent-Assistant Commissioner, Sub-Division, Mysore, under the provisions of Section 83 of violation of the provisions in Section 79-A and 79-B of the Karnataka Land Reforms Act, 1961. 2. Learned Counsel for the petitioner submits that this is a case where the impugned order of forfeiture has been passed by the Assistant Commissioner without notice to the petitioner. It is further submitted that under similar circumstances, a co-ordinate Bench of this Court in W.P.No.7821/2021 has passed an order dated 16.08.2021 - 3 - HC-KAR NC: 2025:KHC:33098 WP No. 25401 of 2025 remanding the matter back to the Assistant Commissioner for fresh consideration after affording an opportunity of hearing to the aggrieved person. 3. Learned Additional Government Advocate points out from the impugned order that notice was indeed issued to the petitioner and in spite of notice having been issued, the petitioner did not appear before the Assistant Commissioner. 4. Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no proceedings were pending before any court/authority. 5. This Court had several occasions to consider such cases, where writ petitions are filed long after the provisions contained in Sections 79A, 79B and 79C were omitted from the statute book in terms of the Karnataka Land Reforms (Second Amendment) Act, 2020. It is the consistent opinion of this Court that if at any rate, the Assistant Commissioner, after forfeiting the land has not - 4 - HC-KAR NC: 2025:KHC:33098 WP No. 25401 of 2025 disposed of the same in accordance with law then the benefit of the saving clause contained in Section 12 of the Amending Act is required to be given to such petitioner. The Assistant Commissioner is therefore, required to ascertain, whether the declared excess lands or forfeited lands still remain with the State Government or has been granted to third parties. If the lands have been granted to third party, then sub-section(1) of Section 12 of the amending Act will apply to say that the proceedings have reached finality. Or otherwise, sub-section (2) of Section 12 of the Amending Act will apply and all further proceedings shall be declared as abated by the Assistant Commissioner. 6. Having considered the submission of the learned Counsels and on perusing the judgment of the co-ordinate Bench in W.P.No.7821/2021, this Court finds that facts and circumstances are quite similar and therefore, the benefit of the decision of the co-ordinate bench should also enure to the petitioner herein. - 5 - HC-KAR NC: 2025:KHC:33098 WP No. 25401 of 2025 7. Accordingly, this Court proceeds to pass the following: ORDER i) The writ petition stands disposed of. ii) The matter is remanded back to the respondent-Assistant Commissioner to consider the case of the petitioner including the consequences of the subsequent amendment brought to the provisions of Sections 79-A and 79-B of the Karnataka Land Reforms Act in Karnataka Amendment No.56 of 2020. iii) If revenue entries have been altered pursuant to the impugned order dated 04.09.2013, the same shall be restored in favour of the petitioner. iv) The petitioner shall appear before the respondent-Assistant Commissioner on - 6 - HC-KAR NC: 2025:KHC:33098 WP No. 25401 of 2025 18.09.2025, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. Sd/- (R DEVDAS) JUDGE YN List No.: 1 Sl No.: 24