- 1 - HC-KAR NC: 2025:KHC:35599 WP No. 25161 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.25161 OF 2023 (LR) BETWEEN: SRI D. S. NAGARAJA S/O. D. C. SUBBARAYAPPA AGED ABOUT 55 YEARS R/AT HUGANAVADI VILLAGE KASABA HBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT – 562 110. …PETITIONER (BY SRI VARUN KUMAR K. R., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA – 561 203. 2. THE TAHSILDAR DEVANAHALLI TALUK BENGALURU RURAL DISTRICT – 561 203. …RESPONDENTS (BY SRI K. P. YOGANNA, A.G.A., FOR R-1 AND R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 01.09.2018 PASSED BY RESPONDENT NO.1 IN L.R.F:SR (DE) NO.06/2012-13 WITH RESPECT OF THE LAND BEARING SURVEY NO.112 MEASURING TO AN EXTENT OF 35 GUNTAS SITUATED AT HUGANAVADI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT VIDE ANNEXURE-B AND ETC. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35599 WP No. 25161 of 2023 THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER This writ petition was filed by the petitioner being aggrieved of the order dated 01.09.2018 passed by the respondent – Assistant Commissioner in L.R.F:SR(DE) No.06/2012-13 in terms of Sections 79A and 79B 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 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:35599 WP No. 25161 of 2023 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 (Second Amendment) Act, 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 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:35599 WP No. 25161 of 2023 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 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. 7. Accordingly, this Court proceeds to pass the following: ORDER i) The writ petition is disposed of. - 5 - HC-KAR NC: 2025:KHC:35599 WP No. 25161 of 2023 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, 1961 in Karnataka (Second Amendment) Act No.56 of 2020. iii) If revenue entries have been altered pursuant to the impugned order dated 01.09.2018, the same shall be restored in favour of the petitioner. iv) The petitioner shall appear before the respondent-Assistant Commissioner on 26.09.2025, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. - 6 - HC-KAR NC: 2025:KHC:35599 WP No. 25161 of 2023 8. Learned Additional Government Advocate is permitted to file his memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KLY CT:VC