- 1 - HC-KAR NC: 2025:KHC:38000 WP No. 3194 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.3194 OF 2024 (LR) BETWEEN: SRI MOHAMMAD SULEMAN S/O. LATE MOHAMMAD AMIR AGED ABOUT 50 YEARS R./AT NO.7/1, 2ND CROSS PENSION MOHALLA, CHICKPET BENGALURU-560 053 &PETITIONER (BY SRI GIREESHA R. J., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT M.S.BUILDING BENGALURU-560 001 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION RAMANAGARA DISTRICT-562 159 3. THE TAHSILDAR RAMANAGARA TALUK RAMANAGARA DISTRICT-562 159 &RESPONDENTS (BY SRI K. P. YOGANNA, A.G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO. LRF(79(A)(B)/R17/2013-14 DATED 21/09/2016 (ANNEXURE-A) PASSED BY THE 2ND RESPONDENT AS THE SAME IS ILLEGAL, ARBITRARY, IN VIOLATION OF PRINCIPLES OF NATURAL Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38000 WP No. 3194 of 2024 JUSTICE AND CONTRARY TO THE PROVISIONS OF KARNATAKA LAND REFORMS ACT AND ORDER HOLDING THAT THE 2ND RESPONDENT HAS NO JURISDICTION TO INITIATE PROCEEDINGS UNDER THE KARNATAKA LAND REFORMS ACT UNDER SECTIONS 79-A, 79-B AND DIRECT THE RESPONDENT NOS.2 AND 3 NOT TO TAKE ANY FURTHER ACTION AGAINST THE PETITIONER CONSEQUENT UPON QUASHING THE ORDER AT ANNEXURE-A AND TO PAY THE COSTS OF THIS WRIT PETITION. THIS WRIT PETITION IS 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 aggrieved by the order passed by the Assistant Commissioner in proceedings bearing No.L.R.F:79(A)(B)/R17/2013-14 dated 21.09.2016 at Annexure-A. 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 - 3 - HC-KAR NC: 2025:KHC:38000 WP No. 3194 of 2024 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. 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 - 4 - HC-KAR NC: 2025:KHC:38000 WP No. 3194 of 2024 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 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 - 5 - HC-KAR NC: 2025:KHC:38000 WP No. 3194 of 2024 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. 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 21.09.2016, 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:38000 WP No. 3194 of 2024 09.10.2025, 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 BS List No.: 1 Sl No.: 19