- 1 - HC-KAR NC: 2025:KHC:39123 WP No. 29684 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.29684 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SRI GUJJARAIAH S/O. LATE GANGAIAH AGED ABOUT 76 YEARS 2. SRI HANUMANTHAIAH S/O. LATE GANGAIAH AGED ABOUT 72 YEARS 3. SRI NAGARAJU S/O. LATE GANGAIAH AGED ABOUT 68 YEARS ALL ARE RESIDING AT UDDANDAHALLI VILLAGE DHONENAHALLI DHAKALE TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU-562 130 …PETITIONERS (BY SRI NAGESHA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDINGS, DR. AMBEDKAR VEEDHI BENGALURU-560 001 Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39123 WP No. 29684 of 2025 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT DEPUTY COMMISSIONER'S OFFICE K.G. ROAD BENGALURU-560 009 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH TALUK KANDAYA BHAVAN, K.G. ROAD BENGALURU-560 009 4. THE TAHSILDAR BENGALURU SOUTH TALUK KANDAYA BHAVAN, K.G. ROAD BENGALURU-560 009 …RESPONDENTS (BY SRI MANJUNATH K., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO RESTORE PADA BY MUTATING THE NAME OF THE PETITIONERS IN RESPECT OF LAND MEASURING 10 GUNTAS IN SY. NO.27/38 OF DHONENAHALLI VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK BY CONSIDERING THE REPRESENTATION DATED 21.08.2014 VIDE ANNEXURE-D. 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. - 3 - HC-KAR NC: 2025:KHC:39123 WP No. 29684 of 2025 2. The grievance of the petitioners is in respect of land in Survey No.27/38 situated at 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 petitioners made a representation dated 21.08.2014 at Annexure ‘D’ to the respondent-Tahasildar, seeking for cancellation of the entry ’SARAKARI PADA' in column No.9. 3. This Court earlier 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 - 4 - HC-KAR NC: 2025:KHC:39123 WP No. 29684 of 2025 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 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 petitioners continue to be in occupation of the land in question. 4. Consequently, the writ petition is disposed of with a direction to the respondent-Tahasildar, Bengaluru South Taluk, to determine and collect the arrears of land revenue as found in the check-list and formally pass an - 5 - HC-KAR NC: 2025:KHC:39123 WP No. 29684 of 2025 order of cancellation of forfeiture (SARKARI PADA). The petitioners shall be permitted to pay the arrears of land revenue 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 petitioners 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