- 1 - HC-KAR NC: 2025:KHC:35344 WP No. 15700 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.15700 OF 2025 (LR) BETWEEN: ALI AHMED S/O A. HAJEE BASHA AGED ABOUT 52 YEARS R/AT NO.714, 7TH MAIN ROAD 3RD PHASE, J.P. NAGAR BENGALURU – 560 078. …PETITIONER (BY SRI GIRISH B. BALADARE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT VIKASA SOUDHA BENGALURU - 01. 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION RAMANAGARA – 562 159. 3. THE TAHASILDAR KANAKAPURA TALUK NOW AT HAROHALLI TALUK RAMANAGARA DISTRICT – 562 112. …RESPONDENTS (BY SRI K. P. YOGANNA, A.G.A.) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35344 WP No. 15700 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER ANNEXURE-‘B’ DATED 15.11.2017 PASSED BY THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION RAMANAGARA, ON THE FILE OF LRF NO.79(A) AND 79(B) 21/2009-10. 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 Additional Government Advocate takes notice for all the respondents. 2. The petitioner is aggrieved by the order of forfeiture dated 15.11.2017 passed by the respondent- Assistant Commissioner invoking the provisions of Section 83 of the Karnataka Land Reforms Act, 1961, for violation of the provisions contained in Section 79A and 79B of the Act. 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 - 3 - HC-KAR NC: 2025:KHC:35344 WP No. 15700 of 2025 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. 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 - 4 - HC-KAR NC: 2025:KHC:35344 WP No. 15700 of 2025 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 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 submissions 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 - 5 - HC-KAR NC: 2025:KHC:35344 WP No. 15700 of 2025 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 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 15.11.2017, the same shall be restored in favour of the petitioner. - 6 - HC-KAR NC: 2025:KHC:35344 WP No. 15700 of 2025 iv) The petitioner shall appear before the respondent-Assistant Commissioner on 26th September 2025, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. 9. Pending I.As., if any, stand disposed of. 10. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT:VC List No.: 1 Sl No.: 39