- 1 - HC-KAR NC: 2025:KHC:33325 WP No. 19531 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.19531 OF 2025 (LR) BETWEEN: SRI MAXIM VIJAY MASCARENHAS S/O WILFRED MASCARENHAS, AGED ABOUT 45 YEARS, RESIDING AT NO.103, SRI SHESHADRI RESIDENCY, 2ND A CROSS, MUNIREDDY LAYOUT, CHIKKABANASWADI, BANGALORE – 560 043 …PETITIONER (BY SRI. MALLIKARJUNA SWAMY S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING, BANGALORE – 560 001 2. THE ASSISTANT COMMISSIONER CHIKKAMAGALURU SUB DIVISION, CHIKKAMAGALURU - 577 101 3. THE TAHSILDAR CHIKKAMAGALURU SUB DIVISION, CHIKKAMAGALURU - 577 101 …RESPONDENTS (BY SRI. K.P.YOGANNA, AGA) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33325 WP No. 19531 of 2025 THIS WP IS FILED UNDER ARTILCES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI IN QUASHING THE IMPUGNED ORDER VIDE ANNEXURE-A LRF CR 04/2018-19 DATED 29.01.2020 PASSED BY THE SECOND RESPONDENT, ETC THIS PETITION COMING ON FOR ORDERS 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 29.01.2020 passed by the Assistant Commissioner, Chikkamagaluru Sub-Division, Chikkamagaluru 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 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 - 3 - HC-KAR NC: 2025:KHC:33325 WP No. 19531 of 2025 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 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 - 4 - HC-KAR NC: 2025:KHC:33325 WP No. 19531 of 2025 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 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. - 5 - HC-KAR NC: 2025:KHC:33325 WP No. 19531 of 2025 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 29.01.2020, the same shall be restored in favour of the petitioner. iv) The petitioner shall appear before the respondent No.2 - Assistant Commissioner - 6 - HC-KAR NC: 2025:KHC:33325 WP No. 19531 of 2025 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.: 31