- 1 - HC-KAR NC: 2025:KHC:38094 WP No. 28708 of 2025 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. 28708 OF 2025 (KLR-RES) BETWEEN: SRI. KARIYAPPA S/O LATE MARANNA @ MARHANUMA, AGED ABOUT 82 YEARS, RESIDING AT UDDANDAHALLI VILLAGE, DHONENAHALLI DHAKALE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 562 130. &PETITIONER (BY SRI. GANESHA P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE. M.S. BUILDINGS, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, BENGALURU DISTRICT, BENGALURU - 560 009. 3. THE ASSISTANT COMMISSIONER, BENGALURU SOUTH TALUK, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38094 WP No. 28708 of 2025 BENGALURU - 560 009. 4. THE TAHSILDAR, BENGALURU SOUTH TALUK, BENGALURU - 560 009. &RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO RESTORE PADA BY MUTATING THE NAME OF THE PETITIONER IN RESPECT OF LAND MEASURING 13 GUNTAS IN SY NO.13/1 AND 25 GUNTAS IN SY NO.13/4 OF DHONENAHALLI VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK BY CONSIDERING THE REPRESENTATION DATED 21.08.2014 VIDE ANNEXURE-D. 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 High Court Government Pleader takes notice for all the respondents. 2. The grievance of the petitioner is in respect of land in survey Nos. 13/1 and 13/4 situated at - 3 - HC-KAR NC: 2025:KHC:38094 WP No. 28708 of 2025 Dhonenahalli Village, Tavarekere Hobli, Bangalore South Taluk. The grievance is that in column No.9 of the record of rights it is shown as "SARKARI PADA" (forfeited land). Therefore, the petitioner has approached the Deputy Commissioner and the Tahasildar seeking for cancellation of the entry `SARAKARI PADA' in column No. 9. 3. This Court today had an occasion to deal with a situation where an endorsement was issued by the Tahasildar declining to collect the arrears of land revenue and had passed orders of cancellation of forfeiture (PADA). This Court while analyzing the provisions contained in Section 163 of the Karnataka Land Revenue Act and the Rules therein, including Rule 119, held in W.P. No. 19639/2021 dated 05.09.2022 that there is no time limit fixed in Section 163 for collection of arrears of land revenue in the normal circumstances. Having noticed the provisions contained in Section 163, this Court has held that second proviso to Section 163 of the Act clearly animates the wisdom of the legislature that in the normal - 4 - HC-KAR NC: 2025:KHC:38094 WP No. 28708 of 2025 circumstances where there is arrears of land revenue which may not exceed few tens of rupees having regard to the fact that the land revenue which is fixed at a very minimal rate such as Rs.1/-, Rs.2/- etc., annually, it is impossible that arrears of land revenue would exceed Rs.10,000/- as provided in the second proviso. Having regard to this aspect this Court has already concluded that the respondent authorities, i.e, the Deputy Commissioner and the delegated authority, i.e., the Tahasildar are duty bound to collect the arrears of land revenue and pass orders of cancellation or forfeiture since it is not disputed that the petitioner continues to be in occupation of the land in question. 4. Consequently, the writ petition is disposed of with a direction to the Tahasildar, Bangalore South Taluk, to determine and collect the arrears of land revenue as found in the check-list and formally pass an order of cancellation of forfeiture (SARKARI PADA). The petitioner shall be permitted to pay the arrears of land revenue - 5 - HC-KAR NC: 2025:KHC:38094 WP No. 28708 of 2025 accordingly within a period of two weeks from the date of receipt of a copy of this order. The Tahasildar shall collect the arrears of land revenue accordingly and pass necessary orders of cancellation of forfeiture (SARKARI PADA) as expeditiously as possible and at any rate within a period of two weeks from the date of receipt of the arrears of land revenue at the hands of the petitioner in accordance with law. Ordered accordingly. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 11 CT:BHK