- 1 - HC-KAR NC: 2025:KHC:33331 WP No. 21691 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.21691 OF 2025 (LR) BETWEEN: SRI. D.T.JAWAHARLAL SON OF D.G.TUKARAM, AGED ABOUT 75 YEARS, RESIDING AT NO.1423/3, 1ST FLOOR, 10TH MAIN, VIJAYANAGARA BENGALURU – 560 040. EARLIER AT NO.4, SUBRAMANYA LANE, AKKIPETE CROSS, BENGALURU – 560 053 …PETITIONER (BY SRI. JANARDHANA G, ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA MINISTRY OF REVENUE REPRESENTED BY ITS REVENUE SECRETARY, M.S.BUILDING, BENGALURU – 560 001. 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION, RAMANAGARA DISTRICT RAMANAGARA – 591 301 NOW CHANGE TO BENGALURU SOUTH Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33331 WP No. 21691 of 2025 3. THE TAHSILDAR RAMANAGAR SUB-DIVISION RAMANAGAR DISTRICT RAMANAGARA – 591 301 NOW CHANGED TO BENGALURU SOUTH …RESPONDENTS (BY SRI. K.P.YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER NO. L.R.F (RA) 79A AND B /62-2009-10 DATED 07.12.2013 PASSED BY THE RESPONDENT NO.2 UNDER ANNEXURE-F, 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 The petitioner is aggrieved by the order of forfeiture dated 07.12.2013 passed by the Assistant Commissioner, Ramnagar Sub-Division, Ramnagar District under the provisions of Section 83 for violation of the provisions contained in Sections 79-A and 79-B of the Karnataka Land Reforms Act, 1961. 2. Learned Counsel for the petitioner submits that this is a case where the impugned order of forfeiture has - 3 - HC-KAR NC: 2025:KHC:33331 WP No. 21691 of 2025 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. 3. 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. Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no proceedings were pending before any court/authority. 5. 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 - 4 - HC-KAR NC: 2025:KHC:33331 WP No. 21691 of 2025 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 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. 6. Having considered the submission of the learned Counsels and on perusing the judgment of the co-ordinate - 5 - HC-KAR NC: 2025:KHC:33331 WP No. 21691 of 2025 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. 7. 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 No.2 - 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 - 6 - HC-KAR NC: 2025:KHC:33331 WP No. 21691 of 2025 07.12.2013, the same shall be restored in favour of the petitioner. iv) The petitioner shall appear before the respondent No.2 - Assistant Commissioner on 20.09.2025, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. Sd/- (R DEVDAS) JUDGE MH/- List No.: 1 Sl No.: 38