- 1 - HC-KAR NC: 2025:KHC:36778 WP NO.18347 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.18347 OF 2024 (LR) BETWEEN: SRI. K. VIJAYAKUMAR S/O KEMPEGOWDA, AGED ABOUT 42 YEARS, R/AT NO.09, NILLAMBARI NILAYA, 5TH MAIN ROAD, RAJAHOMSA ROAD, ITTAMADU, BSK 3RD STAGE, BENGALURU - 560 085. …PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION, RAMANAGARA, RAMANAGARA DISTRICT - 562 159. 3. TAHASHILDAR KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562 159. …RESPONDENTS (BY SMT. HEMALATHA V., AGA) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36778 WP NO.18347 OF 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 26TH MARCH, 2024 PASSED IN REV. APPEAL NO.94/2022 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL (CH-I) VIDE ANNEXURE-M; QUASH THE ORDER DATED 13TH DECEMBER, 2019 PASSED IN CASE NO.L.R.F. CR 79(A AND B)/31/2015-16 PASSED BY THE RESPONDENT NO.2, ASSISTANT COMMISSIONER, RAMANAGARA SUB-DIVISION, RAMANAGARA VIDE ANNEXURE-F; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, the petitioner is challenging the order dated 26th March, 2024 (Annexure-M) passed by the Karnataka Appellate Tribunal in Rev. Appeal No.94/2022 and order dated 13th December, 2019 (Annexure-F) passed by the respondent No.2; inter alia sought for direction to the respondents to restore the name of the petitioner in revenue records in respect of land bearing Survey No.10/2 to an extent of 19 guntas including 2 guntas of Kharab, situate at Shivanahalli Village, Kasaba Hobli, Kanakapura Taluk. 2. Heard Rajashekar S., learned counsel appearing for the petitioner and Smt. Hemalatha V., learned Additional Government Advocate appearing for respondents. - 3 - HC-KAR NC: 2025:KHC:36778 WP NO.18347 OF 2024 3. Having taken note of the submission made by learned counsel appearing for the parties, I have carefully examined the finding recorded by the Karnataka Appellate Tribunal in its order dated 26th March, 2024 (Annexure-M), particularly at paragraph 9(ii), wherein, it is arrived at a conclusion that the appeal was filed on 23rd February, 2022 and there is no appeal pending against the order of the respondent- Assistant Commissioner as on the date of promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020. In this regard, this Court, by order dated 16th July, 2020 in Writ Petition No.147188 of 2020 at paragraphs 6 to 8 held as under: "6. On perusal of sections 5, 6 and 7 of Karnataka Land Reforms (Amendment) Ordinance, 2020, the provisions of Section 79A, 79B and 79C in the Principal Act stand omitted. If these sections referred at 5, 6 and 7 of Karnataka Land Reforms (Amendment) Ordinance, 2020 are read conjointly with section 2, it is clearly evident that amended provisions are retrospective in nature, since Section 2 expressly provides and contemplates that provisions of Sections 79A, 79B and 79C, which stand omitted by the Karnataka Land Reforms (Amendment) Ordinance, 2020 shall be deemed to have been come into force with effect from 01.03.1974. - 4 - HC-KAR NC: 2025:KHC:36778 WP NO.18347 OF 2024 7. The present writ petition is filed on 10.07.2020 challenging the impugned order dated 23.10.2019 passed by respondent No.2 as per Annexure-A wherein respondent No.2 on enquiry under Section 79A and 79B has passed an order under Section 83 of the Karnataka Land Reforms act, 1961 by holding that transactions are in contravention of Section 79A and 79B of the Karnataka Land Reforms Act, 1961 and accordingly has ordered for forfeiture of petition lands by way of penalty and ordered to vests in the State Government. 8. The State by way of Karnataka Land Reforms (Amendment) Ordinance, 2020 has omitted Sections 79A, 79B and 79C from the Principal Act with effect from 01.03.1974 and as such, the forfeiture order passed by respondent No.2 as per Annexure-A stands abated as per Section 13(2) of Karnataka Land Reforms (Amendment) Ordinance, 2020." 4. Following the order passed by this Court in the aforesaid writ petition and also taking into consideration the fact that the proceedings under Sections 79A and 79B has not attained finality, and therefore, Section 13(2) of the Karnataka Land Reforms (Amendment) Ordinance, 2020 is made applicable to the present case on hand. Accordingly, the finding recorded by the Karnataka Appellate Tribunal at Annexure-M, - 5 - HC-KAR NC: 2025:KHC:36778 WP NO.18347 OF 2024 requires to be interfered with. In the result, I pass the following: O R D E R i) Writ Petition allowed; ii) Impugned order dated 26th March, 2024 (Annexure-M) passed by the Karnataka Appellate Tribunal in Rev. Appeal No.94/2022 is hereby set-aside; iii) The respondents 2 and 3 are directed to restore the name of the petitioner in the revenue records in respect of the land in question forthwith. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 34