- 1 - HC-KAR NC: 2025:KHC:29977 WP No. 22548 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 22548 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SMT NARASAMMA WIFE OF N KALAPPA, AGED ABOUT 70 YEARS, 2. K PRASANNA SON OF N KALAPPA AGED ABOUT 52 YEARS, BOTH THE PETITIONERS ARE RESIDING AT UTTARI VILLAGE, KAGGALIPURA POST, UTTARHALLI HOBLI, BENGALURU SOUTH- 560 062 …PETITIONERS (BY SRI. SANTOSH NAGARALE., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU 560 001 REP BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER BENGALURU URBAN Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29977 WP No. 22548 of 2025 KANDAYA BHAVAN, BENGALURU 560 001 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH DIVISION, KANDHAYA BHAVAN, BENGALURU 560 001 4. THE TAHASILDAR BENGALURU SOUTH TALUK, BENGALURU SOUTH, KANDAYA BHAVAN 560 001 …RESPONDENTS (BY SRI. SESHU V., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO APPROVE AND ACT UPON THE TAHSILDARS REPORT DATED 17.09.2018 ANNEXURE-D AND TO CAUSE DELETION OF THE ENTRY SARKARI PHADA IN COLUMN NO. 11 OF RTC PERTAINING TO SURVEY NO. 126/5 MEASURING 0 ACRE 29 GUNTAS SITUATED AT UTTARI VILLAGE, UTTARAHALLI HOBLI, BENAGLURU SOUTH TALUK, 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 Learned High Court Government Pleader takes notice for all the respondents. - 3 - HC-KAR NC: 2025:KHC:29977 WP No. 22548 of 2025 2. The grievance of petitioners is that despite respondent No.4-Tahsildar recommending to the Deputy Commissioner in terms of Annexure-D dated 17.09.2018 that there is no information in the records as to why the order of forfeiture (pada) has been entered in the RTC and nevertheless, making a calculation from the year 1940, the Tahsildar stated that a sum of ₹208.34/- may be permitted to be collected from the petitioners and their applications for removing the order of forfeiture may be considered, the Deputy Commissioner has not taken any action pursuant thereto. 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 and the - 4 - HC-KAR NC: 2025:KHC:29977 WP No. 22548 of 2025 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. In that view the matter, the writ petition stands disposed of with a direction to respondent No.2-Deputy Commissioner, Bengaluru Urban District, to act upon the recommendation made by the Tahsildar at Annexure-D dated 17.09.2018, collect from the petitioners a sum of ₹208.34/- or modified rate having regard to the passage of time between the recommendation made by the Tahsildar on 17.09.2018 till date, collect the land revenue and pass necessary orders to cancel the forfeiture and remove the word 'pada' incorporated in Column No.11(2) of the RTC. - 5 - HC-KAR NC: 2025:KHC:29977 WP No. 22548 of 2025 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 High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv