- 1 - HC-KAR NC: 2025:KHC:34974 WP No. 26818 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 26818 OF 2025 (LR) BETWEEN: SRI VENKATESH G. S/O. K. GOVINDARAJU, AGED ABOUT 58 YEARS, RESIDING AT 660/2, 16TH MAIN, SIDDARTHANAGARA POST, SRIKRISHNA NAGARA, YARAHANAHALLI, MYSORE - 570 011. …PETITIONER (BY SRI. BALACHANDRA Y.S., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER MYSORE SUB-DIVISION, MYSORE - 570 001. 2. TAHSILDAR, MYSORE TALUK, MYSORE 570 001. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.03.2017 PASSED BY R1 IN LRF 79(a) (b) 162/2014- 15 WITH RESPECT OF THE LAND BEARING SURVEY NO. 388/2 MEASURING TO AN EXTENT OF 1 ACRE SITUATED AT VARAKODU VILLAGE, VARUNA HOBLI, MYSORE TALUK (VIDE ANNEXURE-K) AND ETC. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34974 WP No. 26818 of 2025 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 Additional Government Advocate takes notice for all the respondents. 2. This writ petition has been filed assailing the order passed by the Assistant Commissioner in proceedings bearing No.L.R.F.79(a)(b)162/2014-15 dated 22.03.2017 at Annexure-K. 3. 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 remanding the matter back to the Assistant Commissioner for fresh consideration after affording an opportunity of hearing to the aggrieved person. - 3 - HC-KAR NC: 2025:KHC:34974 WP No. 26818 of 2025 4. 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. 5. Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no proceedings were pending before any court/authority. 6. 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 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 petitioners. The Assistant Commissioner is therefore, required to - 4 - HC-KAR NC: 2025:KHC:34974 WP No. 26818 of 2025 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. 7. 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 in both these matters are quite similar and therefore, the benefit of the decision of the co- ordinate bench should also enure to the petitioner herein. 8. Accordingly, this Court proceeds to pass the following: ORDER i) The writ petition is disposed of. - 5 - HC-KAR NC: 2025:KHC:34974 WP No. 26818 of 2025 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 22.03.2017, the same shall be restored in favour of the petitioner. iv) The petitioner shall appear before the respondent No.1-Assistant Commissioner on 22.09.2025, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE GJM