- 1 - HC-KAR NC: 2025:KHC:35161 WP No. 25016 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25016 OF 2025 (KLR-RR/SUR) BETWEEN: SRI. K.H. DIVAKARA GOWDA S/O LATE SRI HANUMANTHAIAH AGED ABOUT 63 YEARS R/AT KORATI VILLAGE 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. 3. THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION TUMAKURU - 572 101. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35161 WP No. 25016 of 2025 4. THE TAHSILDAR KUNIGAL TALUK, KUNIGAL TUMAKURU DISTRICT - 572 130 …RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR APPROPRIATE WRIT OR ORDER/S 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 IS THE GRANTEE IN RESPECT OF LAND BEARING SY.NO.58 MEASURING 3 ACRE 33 GUNTAS SITUATED AT K. HONNAMACHANAHALLI (K.H. HALLI), AMRUTHURU HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT AS PER REPRESENTATION DATED 20.08.2020 VIDE ANNEXURE-E AND IN TERMS REPORTS SUBMITTED BY THE REVENUE INSPECTOR AS WELL AS VILLAGE ADMINISTRATIVE OFFICER VIDE ANNEXURE-F, IN THE AS INTEREST OF JUSTICE AND EQUITY. 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 High Court Government Pleader takes notice for all the respondents. - 3 - HC-KAR NC: 2025:KHC:35161 WP No. 25016 of 2025 2. The grievance of the petitioner is in respect of land measuring 3 acres 33 guntas in Sy.No.58 situated at K.Honnamachanahalli (K.H.Halli), Amruthuru Hobli, 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-Tahsildar 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 - 4 - HC-KAR NC: 2025:KHC:35161 WP No. 25016 of 2025 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 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 petitioner is 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.Bore Gowda, shall be entered in the - 5 - HC-KAR NC: 2025:KHC:35161 WP No. 25016 of 2025 revenue records within a period of two months from the date of payment of the arrears of land revenue if any. 5. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 1