- 1 - HC-KAR NC: 2025:KHC:39111 WP No. 29559 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.29559 OF 2025 (KLR-RES) BETWEEN: SRI OBALAIAH S/O. NARASIMAIAH AGED ABOUT 58 YEARS R/O. HALDODDERI VILLAGE KALLAMBELLA HOBLI, SIRA TALUK TUMKUR DISTRICT-572 128 …PETITIONER (BY SRI YOGESH FOR SRI VIRUPAKSHAIAH P.H., ADVOCATES) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001 2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR-572 101 3. THE ASSISTANT COMMISSIONER MADHUGIRI SUB-DIVISION MADHUGIRI TUMKUR DISTRICT-572 132 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39111 WP No. 29559 of 2025 4. THE TAHSILDAR SIRA TALUK, SIRA TUMKUR DISTRICT-572 137 …RESPONDENTS (BY SRI V. SESHU, H.C.G.P.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT IN THE SIMILAR NATURE DIRECTING THE RESPONDENT NOS.2 TO 4 TO CONSIDER THE REPRESENTATION DATED 02.05.2012 VIDE ANNEXURE-F AND REPRESENTATIONS DATED 02.05.2025 VIDE ANNEXURES-H1 TO H3 AND PASS APPROPRIATE ORDERS FOR CANCELLATION OF FORFEITURE (PHADA) AND ENTER THE NAME OF THE PETITIONER IN THE REVENUE RECORDS IN RESPECT OF THE LAND BEARING SY. NO.33 MEASURING TO AN EXTENT OF 23 ACRES 20 GUNTAS SITUATED AT SHEEBI VILLAGE, KALLAMBELLA HOBLI, SIRA TALUK, TUMKUR DISTRICT EXPEDITIOUSLY. 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 High Court Government Pleader takes notice for all the respondents. 2. The grievance of the petitioner is in respect of land in Survey No.33 measuring 23 acres 20 guntas situated at Sheebi Village, Kallambella Hobli, Sira Taluk, Tumkur District. The grievance is that in the Record of - 3 - HC-KAR NC: 2025:KHC:39111 WP No. 29559 of 2025 Rights it is shown as "SARKARI PADA" (forfeited land). Therefore, the petitioner has given representations at Annexures ‘F’ and ‘H1’ to ‘H3’ to the respondent- authorities seeking for cancellation of the entry ‘SARAKARI PADA' in the RTC. 3. This Court had an earlier 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 circumstances where there is arrears of land revenue - 4 - HC-KAR NC: 2025:KHC:39111 WP No. 29559 of 2025 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 respondent-Tahasildar, Sira 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 accordingly within a period of two weeks from the date of - 5 - HC-KAR NC: 2025:KHC:39111 WP No. 29559 of 2025 receipt of a copy of this order. The Tahsildar 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 HCGP is permitted to file Memo of Appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE JT/- CT:VC