- 1 - HC-KAR NC: 2025:KHC:39130 WP No. 29332 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.29332 OF 2025 (KLR-RES) BETWEEN: 1. SRI MOHAMMED ALI S/O. LATE ABDUL AZIZ AGED ABOUT 55 YEARS R/AT NO.15, 3RD FLOOR, D CROSS J. J. R. NAGAR, CHAMRAJPET BENGALURU-560 018 2. SRI RIYAZ PASHA S/O. LATE ABDUL SATTAR AGED ABOUT 54 YEARS R/AT NO.24E, D STREET GOPAL PURAM BENGALURU NORTH-560 023 3. SRI ZAKIR PASHA S/O. LATE ABDUL SATTAR AGED ABOUT 49 YEARS R/AT NO.14/1/C , 2ND CROSS MINARAVA MILL BACK SIDE GOPAL PURAM, MAGADI ROAD SUB DISTRICT BENGALURU-560 023 4. SRI MOHAMMED YUSUF SHEIK S/O. LATE MOHAMMED ABDUL ROUF SHIEK AGED ABOUT 52 YEARS NO.21, 1ST MAIN, 3RD CROSS SHAMANNA NAGAR, PIPE LINE BENGALURU SOUTH Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39130 WP No. 29332 of 2025 GOVERNMENT ELECTRIC FACTORY BENGALURU-560 025 5. SMT. SHABANA D/O. MOHAMMED ABDUL ROUF SHIEK AGED ABOUT 43 YEARS R/AT NO.1, 1ST MAIN, 3RD CROSS PIPELINE, SHAMANNA GARDEN BENGALURU SOUTH-560 026 …PETITIONERS (BY SRI SAMPATH A., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING, DR. AMBEDKAR VEEDI BENGALURU-560 001 2. DEPUTY COMMISSIONER KANDAYA BHAVAN BENGALURU SOUTH BENGALURU-560 001 3. ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION RAMANAGARA-562 129 4. TAHSILDAR MAGADI TALUK-562 120 …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 QUASH THE ORDER DATED 27-06-2025, BEARING NO.RMG.AC- RRT/RRTH/118/2025 (E-750767) BY THE RESPONDENT NO.3- ASSISTANT COMMISSIONER VIDE ANNEXURE-A AND - 3 - HC-KAR NC: 2025:KHC:39130 WP No. 29332 of 2025 CONSEQUENTLY, DIRECT THE RESPONDENTS TO MUTATE THE NAMES OF THE PETITIONERS IN THE RECORDS OF RIGHTS OVER THE SCHEDULE PROPERTY. 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 petitioners is directed against Annexure-A, the impugned order dated 27.06.2025 passed by the Assistant Commissioner, Ramanagara Sub-Division, Ramanagara. 3. Learned Counsel for the petitioners submits that although the Assistant Commissioner has noticed the fact that the names of the petitioners have been restored in the revenue records pursuant to M.RNo.2/1999-2000 after the arrears of land revenue were collected from the petitioners and the forfeiture clause ‘PADA’ was removed - 4 - HC-KAR NC: 2025:KHC:39130 WP No. 29332 of 2025 from the RTC, nevertheless, the Assistant Commissioner has now given a finding that there are no records available to show that the arrears of land revenue have been paid by the petitioners. 4. This Court, in the case of Shivanna Vs. Deputy Commissioner and others, in W.P.No.19639/2021 dated 05.09.2022 has held while considering Rule 119, that the intention of the amended provision which came into effect on 01.04.1998 is to grant regularization and enable the revenue authorities to accept the application for cancellation of forfeiture even in cases where the land was sold and purchased on account of the Government dues but which were not disposed of otherwise. 5. For immediate reference paragraph No.7 in the said judgment is culled out as follows: “7. Insofar as Rule 119 is concerned, even in sub-rule (2) the intention of the amended provision which came into effect on 01.04.1988 is to grant relaxation and enable the revenue authorities to accept the application for - 5 - HC-KAR NC: 2025:KHC:39130 WP No. 29332 of 2025 cancellation of forfeiture even in cases where the land was sold and purchased on account of the Government dues but which were not disposed of otherwise. In the considered opinion of this Court a plain reading of the provisions contained in Section 163 and the Rules, including Rule 119, it is clear that in the normal circumstances where there is arrears of land revenue, it is not the intention of the Government to forfeit the agricultural lands. On the other hand the provisions are clearly directed towards the other cases where charges are created by orders passed by Courts of law and other competent authorities where the parties are in default for payment and Courts and authorities deem it fit to direct recovery of such debts to be collected as arrears of land revenue.” 6. In the present case, however, it is the contention of the petitioners that they have already paid the arrears of land revenue. In the view of the matter, this Court proceeds to pass the following: ORDER (1) The writ petition stands disposed of. (2) The impugned order dated 27.06.2025 at Annexure-A passed by the 3rd respondent- Assistant Commissioner, Ramanagara Sub- - 6 - HC-KAR NC: 2025:KHC:39130 WP No. 29332 of 2025 Division, Ramanagara, is hereby quashed and set aside. (3) The 3rd respondent-Assistant Commissioner and the 4th respondent-Tahsildar are directed to secure the original records in respect of Mutation Order bearing No.02/1999-2000, and if required, the relevant documents to find out whether the arrears of land revenue were paid by the petitioners in terms of Annexure-C dated 03.07.1998, which was an order passed by the Tahsildar, recording the fact that arrears of land revenue along with fine viz., Rs.853/-, Rs.1,000/- and in all Rs.1,853/- were collected in terms of challan bearing No.7 of 21.05.1998. (4) If it is found that such facts are correct, then the names of the petitioners shall be restored in the RTC, forthwith, while removing the word ‘pada’ from the RTC. - 7 - HC-KAR NC: 2025:KHC:39130 WP No. 29332 of 2025 (5) On the other hand, if it is found that there are no records to show that the arrears of land revenue were paid at the relevant point of time, nevertheless, the Tahsildar shall indicate the arrears of land revenue to the petitioners and the petitioners shall pay the same within a period of 4 weeks from the date when the intimation is given to the petitioners. (6) The Revenue Authorities shall collect the arrears of land revenue accordingly and proceed to enter the name of the petitioners in the RTC while removing the forfeiture clause ‘pada’ after receiving the arrears of land revenue. (7) The entire exercise shall be completed as expeditiously as possible and at any rate within a period of 3 months from the date of receipt of a copy of this order. - 8 - HC-KAR NC: 2025:KHC:39130 WP No. 29332 of 2025 7. Pending Interlocutory Applications, if any, stand disposed of. 8. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT:VC