- 1 - HC-KAR NC: 2025:KHC:32282 WP No. 23643 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 23643 OF 2025 (LR) BETWEEN: SRI. SYED IMTIYAZ AHMED S/O M SYED ABDUL SUBHAN, AGED ABOUT 47 YEARS, R/AT NO. 203, S.M.S. FARM HOUSE, GUNDLUPET ROAD, MALLAIAHNAPURA VILLAGE, UTTAVALLI POST, CHAMARAJANAGAR TALUK AND DISTRICT-571313 …PETITIONER (BY SRI. SUNITHA P.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001 2. ASSISTANT COMMISSIONER KOLLEGAL SUB DIVISION, KOLLEGAL - 571 440 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32282 WP No. 23643 of 2025 3. THE TAHSILDAR CHAMARAJANAGAR TALUK, CHAMARAJANAGAR -571313 …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS. QUASH IMPUGNED THE ORDER PASSED BY THE R-2 i.e ASSISTANT COMMISSIONER IN CASE NO. LRF.(79A-79B) CR 127/2015-16 DTD. 09.12.2015 UNDER ANNX-D AND ETC. 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 Additional Government Advocate takes notice for all the respondents. 2. The petitioner is aggrieved by the order of forfeiture dated 09.12.2015 passed by the Assistant Commissioner, Kollegala Sub-Division, Kollegala, under the provisions of Section 83 for violation of the provisions - 3 - HC-KAR NC: 2025:KHC:32282 WP No. 23643 of 2025 contained in Sections 79-A and 79-B of the Karnataka Land Reforms Act, 1961. 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 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. - 4 - HC-KAR NC: 2025:KHC:32282 WP No. 23643 of 2025 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 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 - 5 - HC-KAR NC: 2025:KHC:32282 WP No. 23643 of 2025 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 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 - 6 - HC-KAR NC: 2025:KHC:32282 WP No. 23643 of 2025 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 09.12.2015, the same shall be restored in favour of the petitioner. iv) The petitioner shall appear before the respondent-Assistant Commissioner on 08.09.2025, 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 rv List No.: 1 Sl No.: 17