- 1 - HC-KAR NC: 2025:KHC:34760 WP No. 26698 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 26698 OF 2025 (LR) BETWEEN: SMT. REHENA BHANU AGED ABOUT 50 YEARS W/O SYED YAKOOB R/O NO. 2799, DARGAHI MASJID, K.T. STREET, MANDI MOHALLA, MYSORE - 570 021. …PETITIONER (BY SRI. BALACHANDRA Y.S, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER HUNSUR SUB-DIVISION HUNSUR - 571 105. 2. THE TAHSILDAR HUNSUR TALUK HUNSUR - 571 105. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA A) QUASH THE ORDER DATED 29/11/2024 IN APPEAL NO.437/2022 PASSED BY THE HONBLE KARNATAKA APPELLATE TRIBUNAL (VIDE ANNEXURE-G) AND ETC., Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34760 WP No. 26698 of 2025 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 both the respondents. 2. The petitioner is aggrieved by the order of forfeiture dated 29.08.2012 passed by the Assistant Commissioner, Hunsur Sub-Division, Hunsur 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 and the subsequent order dated 29.11.2024 passed by the Karnataka Appellate Tribunal, in Appeal No.437/2022. 3. Earlier the petitioner was before this Court in W.P.No.22849/2021 and this Court by order dated 14.12.2021 disposed of the writ petition granting liberty to the petitioner to approach the Karnataka Appellate Tribunal by preferring an appeal. Accordingly, the - 3 - HC-KAR NC: 2025:KHC:34760 WP No. 26698 of 2025 petitioner approached the Tribunal in Appeal No.437/2022. The Tribunal dismissed the appeal by order dated 29.11.2024. Learned counsel for the petitioner submits that this Court has given benefit to many of such petitioners including W.P.No.3271/2022. Learned counsel prays for similar orders. 4. Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no proceedings were pending before any Court/authority. 5. 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. 6. It is the contention of the learned Additional Government Advocate that even as per the materials available on record, after forfeiture, the excess lands have been granted by the State Government to third parties. - 4 - HC-KAR NC: 2025:KHC:34760 WP No. 26698 of 2025 The Assistant Commissioner is therefore required to ascertain, whether the 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. 7. 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. 8. Consequently, the writ petition is allowed. The impugned order dated 29.11.2024 passed by the Karnataka Appellate Tribunal in Appeal No.437/2022 and the order dated 29.08.2012 passed in case - 5 - HC-KAR NC: 2025:KHC:34760 WP No. 26698 of 2025 No.L.R.F.272/1998-99 passed by the Asst. Commissioner, Hunsur sub-Division, Hunsur, are hereby quashed and set aside. The matter is remanded back to the respondent- 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. 9. The petitioner shall appear before the respondent-Assistant Commissioner on 26th September, 2025 without waiting for further notice from the Assistant Commissioner. Ordered accordingly. 10. Learned Additional Government Advocate is permitted to file Memo of Appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv, Sl No.: 18, CT: BHK