- 1 - NC: 2025:KHC:8084 WP No. 31530 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.31530 OF 2024 (KLR-RES) BETWEEN: SRI.RAMAMURTHY AGED ABOUT 60 YEARS S/O LATE PAPANNA @ PAPAIAH R/AT MUTHKURU VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BENGALURU-560 067 …PETITIONER (BY SRI.VIJAYA KRISHNA BHAT M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 2. THE DEPUTY COMMISSIONER DISTRICT ADMINISTRATIVE BHAVAN BEERASANDRA VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110. 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:8084 WP No. 31530 of 2024 DODDABALLAPURA BENGALURU RURAL DISTRICT-561 203 4. THE TAHSILDAR HOSKOTE TALUK TALUK OFFICE, HOSKOTE BENGALURU RURAL DISTRICT-562 129 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 05.06.2023 PRODUCED AT ANNEXURE-L AND DIRECT THE 4TH RESPONDENT TO REGULARISE THE RTC ENTRIES PERTAINING TO THE SCHEDULE PROPERTY IN FAVOUR OF THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned writ petition, the petitioner is seeking mandamus to direct respondent No.4 - Tahasildar to consider the representation dated 05.06.2023 as per Annexure-L, wherein a request is made to restore the petitioner's name to the RTC by deleting the name of "Sarkari Pada", which was mutated on the ground that the - 3 - NC: 2025:KHC:8084 WP No. 31530 of 2024 petitioner's family is found to be defaulter of payment of arrears of revenue. This representation has gone unanswered. Therefore, the petitioner is compelled to knock the doors of the Writ Court. 2. The Division Bench of this Court, while examining the power of the State in forfeiting the lands, has effectively addressed this issue. This Court deems it fit to cull out the finding recorded in an analogues case i.e., W.P.No.23513/2024. Para Nos.4 to 6 are extracted and reads as under; "4. Respondents on the premise that petitioners have failed to pay taxes, by way of mutation, has notified in the RTCs as "Sarkari Pada" by exercising the power under Chapter 14 of the Karnataka Land Revenue Act, 1964. Petitioners are also placing reliance on the notification dated 7.12.2012 wherein an amendment is brought by incorporating Rule 119(2) of the Karnataka Land Revenue Rules, 1966 enabling the owners to file application for restoration of land which have been declared as pada/beelu for non-payment of Land Revenue to the State within twelve months w.e.f. 7.12.2011 to 7.12.2012. - 4 - NC: 2025:KHC:8084 WP No. 31530 of 2024 5. The Division Bench of this Court in Karnataka Rajya Raitha Sangha Hiriyur Branch .vs. State of Karnataka1 while examining the power of State in forfeiting the lands where owners have failed to pay land revenue has held at Paras 5.1 to 5.3 as under: "(5) 5.1 It is settled law that the distraint forfeiture order can be made only to the extent of land revenue arrears due and if the petitioners come forward to pay the said land revenue arrears, their possession has to be restored. The said proposition is supported by the following decisions of this Court: (i) Nagappa Gowda v. Gurupadappa (AIR 1954 Mysore 39); and (ii) Zaheera Banu Kareem v Gomathi Bai G. Kamath (1996 (5) Kar LJ 354). 5.2 In Nagappa Gowda v. Gurupadappa (AIR 1954 Mysore 39), this Court has observed thus: "A mere forfeiture of land followed by the restoration to the defaulting "holder" does not wipe out all the earlier rights and equities that may be subsisting as between private parties." 5.3 In Zaheera Banu Kareem v. Gomathi Bai G. Kamath (1996 (5) Kar LJ 354), the Division Bench of this Court has held thus: "In case of restoration of forfeited land to defaulter on his payment of arrears of land revenue and cost due from him, those charges, encumbrances, etc. subsisting at time of forfeiture stand revived- Restoration is not fresh grant, it reverts back to original position."" 6. In the reported judgment where the order of forfeiture was passed, the Division Bench while examining the validity of the forfeiture for non-payment of Land Revenue has held that mere forfeiture of land followed by restoration does not wipe out all earlier rights and equities. The Division Bench further held that where forfeiture order is recalled and the lands are 1 LAWS(KAR)-2009-11-47 [WP.6091/2006 DD 2.11.2009] - 5 - NC: 2025:KHC:8084 WP No. 31530 of 2024 restored to the owners of the lands in question, it does not amount to fresh grant, but, it only reverts back to original position. The Division Bench also has elaborately dealt with the power of the State to forfeit the lands where there is a default of payment of land revenue to the State." 3. In the light of the law laid down by the Division Bench of this Court, this Court is of the view that respondent No.4 - Tahasildar is bound to examine the petitioner's prayer sought in the representation and pass appropriate orders. Since there is inaction on the part of respondent No.4 - Tahasildar, this Court is of the view that this is a fit case, where mandamus lies. 4. Accordingly, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent No.4 - Tahasildar is hereby directed to consider the petitioner's representation dated - 6 - NC: 2025:KHC:8084 WP No. 31530 of 2024 05.06.2023 produced at Annexure-L and pass appropriate orders. (iii) While passing the orders, respondent No.4 - Tahasildar shall ensure that he strictly adheres to the principles laid down by the Division Bench, which is cited supra. (iv) This exercise shall be accomplished within a period of four weeks from the date of receipt of order copy. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 13