- 1 - HC-KAR NC: 2025:KHC:32224 WP No. 25017 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. 25017 OF 2025 (KLR-RES) BETWEEN: SMT. T JAYALAKSHMAMMA W/O LATE SRI B. BOREGOWDA AGED ABOUT 75 YEARS R/AT K. HONNAMACHANAHALLI (K.H. HALLI) AMRUTHURU HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT - 572 111 …PETITIONER (BY SRI. SOMASHEKARA K.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE ROOM NO.505, 5TH FLOOR GATE-3, M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001 REP. BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU - 572 101 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32224 WP No. 25017 of 2025 3. THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION TUMAKURU - 572 101 4. THE TAHSILDAR KUNIGAL TALUK, KUNIGAL TUMAKURU DISTRICT - 572 130 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOA) DIRECTING THE RESPONDENTS NO.3 AND 4 TO CONTINUE THE REVENUE ENTRIES I.E., RTC (RECORDS OF RIGHTS, TENANCY, AND CROPS) IN THE NAME OF PETITIONER WHO BEING THE LEGAL HEIRS OF ORIGINAL GRANTEE-B 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 the respondents. 2. The grievance of the petitioner is in respect of land measuring 3 acres 31 guntas in Sy.No.58 situated at K.Honnamachanahalli (K.H.Halli), Amruthuru Hobli, - 3 - HC-KAR NC: 2025:KHC:32224 WP No. 25017 of 2025 Kunigala Taluk, Tumakuru District. The grievance is that in column No.9 of the Record of Rights it is shown as ‘PADA’ (forfeited land). Therefore, the petitioner has given representation at Annexure-E to the respondent-Tahasildar for removal of the entry ‘PADA' from the RTC. 3. This Court, in the case of Shivanna Vs. Deputy Commissioner in W.P.No.19639/2021 dated 05.09.2022 has held that having regard to Section 163 of the Karnataka Land Revenue Act, 1964, and Rule 119 of the Karnataka Land Revenue Rules, 1966, that in normal circumstances where there are arrears of land revenue, it is not the intention of the Government to forfeit agricultural lands. 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 the Courts and authorities deem it fit to direct recovery of such debts to be collected as arrears of land revenue. In all other cases, in terms of the amended - 4 - HC-KAR NC: 2025:KHC:32224 WP No. 25017 of 2025 provision, which came into effect from 01.04.1988. The government has granted relaxation and enabled 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. 4. Consequently, the writ petition is disposed of with a direction to the Tahasildar, to inform the petitioner of the arrears of land revenue within a period of four weeks from the date of receipt of a copy of this order. If the petitioners are called upon to pay the arrears of land revenue, they shall pay the same and after payment of the arrears of land revenue, the forfeiture clause shall be removed and the name of the legal heirs of the original grantee, Sri B.Gore Gowda, shall be entered in the revenue records within a period of two months from the date of payment of the arrears of land revenue if any. - 5 - HC-KAR NC: 2025:KHC:32224 WP No. 25017 of 2025 5. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KLY List No.: 1 Sl No.: 41