- 1 - HC-KAR NC: 2025:KHC:31610 WP No. 23815 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 23815 OF 2025 (KLR-RES) BETWEEN: SRI. NAGARAJU S/O. MALLAIAH, AGED ABOUT 57 YEARS, RESIDING AT DADIGHATTAMADAGU, DODDABALLAPURA, KARNATAKA – 561 203. …PETITIONER (BY SRI. SAGAR A. SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, DR. B. R. AMBEDKAR ROAD, BANGALORE – 560 001. 2. THE TAHASILDAR DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT, KARNATAKA – 561 203. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31610 WP No. 23815 of 2025 DIRECTIONS TO THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 24.10.2013, 22.09.2021 AND 29.07.2025 AS PER ANNEXURE A, B AND C MADE BY THE PETITIONER TO REMOVE “SARKARI PADA” IN RTC AND TO EFFECT REVENUE ENTRIES AND DOCUMENTS IN FAVOUR OF PETITIONER, IN RESPECT OF OLD SURVEY NO. 15 NEW SURVEY NO.15/3A OF HAROHALLI VILLAGE, SASALLU HOBLI, DODBALLAPUR TALUK, BENGALURU RURAL DISTRICT. 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 in survey No.15 situated at Harohalli Village, Sasallu Hobli, Doddaballapur Taluk, Bengaluru Rural District. Their grievance is that in column No.12 of the Record of Rights it is shown as ‘SARKARI PADA’ (forfeited land). Therefore, the petitioner has given representations at Annexures ‘A’, ‘B’ and ‘C’ to the respondent-Tahsildar for removal of the - 3 - HC-KAR NC: 2025:KHC:31610 WP No. 23815 of 2025 entry ‘SARKARI PADA' from the RTC. It is further submitted that the Special Deputy Commissioner, Bangalore District, at Annexure ‘J’ has issued an Official Memorandum recommending waiving the entire upset price in respect of certain survey numbers. Further, the Assistant Director of Land Records at Annexure ‘K’ has issued MR No.4 for the period from 2006-2007 for payment of land revenue for a sum of Rs.12.71/-. 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:31610 WP No. 23815 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 respondent-Tahasildar, Doddaballapura Taluk, Bengaluru Rural District, to act upon the recommendation made by the ADLR at Annexure-K for the period 2006-2007 and collect from the petitioner a sum of Rs.12.71/- or assess a modified rate, having regard to the passage of time between the recommendation made by the ADLR in MR No.4 for the year 2006-2007 till date in accordance with law, collect the land revenue and pass necessary orders to cancel the - 5 - HC-KAR NC: 2025:KHC:31610 WP No. 23815 of 2025 forfeiture and remove the word 'SARKARI PADA’ incorporated in Column No.12 of the RTC. 5. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. Ordered accordingly. Learned AGA is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE JT/- CT:UR