- 1 - HC-KAR NC: 2025:KHC:29245 WP No. 17059 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 17059 OF 2025 (LR) BETWEEN: SMT. YASHODAMMA W/O SRI PUTTARAJACHAR, AGED ABOUT 73 YEARS, R/O. BANNIGERI, BIDADI HOBLI, RAMANAGARA TALUK, NOW AT RESIDING AT NO. 34, 4 MAIN, A CROSS, BYATARAYANAPURA NEW EXTENSION, MYSORE ROAD, BENGALURU - 560 026. …PETITIONER (BY SRI. VIJAYKUMAR PRAKASH, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE - 560 001. 2. THE ASSISTANT COMMISSIONER, RAMANAGARA SUB-DIVISION, MINI VIDHAN SOUDHA, RAMANAGARA - 562 159. 3. THE TAHSILDAR, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29245 WP No. 17059 of 2025 RAMANAGARA TALUK, MINI VIDHAN SOUDHA, RAMANAGARA - 562 159. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER NO. LRF (79) 56/1992-93 DATED 19.02.1999 PASSED BY THE ASST COMMISSIONER RAMANAGARA SUB DIVISION RAMANAGARA AND CONFIRMED BY THE KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO. 916/2009 DATED 31.03.2017 IMPUGNED AT ANNEXURES-A AND B AND 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 Additional Government Advocate is directed to take notice for all the respondents. 2. Learned counsel for the petitioner submits that the competent authority/Assistant Commissioner, Ramanagara initiated proceedings against the petitioner in Case No. LRF.(79)56/1992-93, at the instance of the Tahsildar, who had brought to the notice of the Assistant Commissioner that the petitioner had violated the provisions contained in Sections 79A and B of the Land - 3 - HC-KAR NC: 2025:KHC:29245 WP No. 17059 of 2025 Reforms Act while purchasing the land in question under registered sale deed dated 16.07.1986. The order was passed by the Assistant Commissioner on 19.02.1999. The petitioner approached the Karnataka Appellate Tribunal in Appeal No.916/2009, the same was dismissed on 31.03.2017. However, learned counsel submits that the provisions of Sections 79A, B and C have been deleted from the statute and therefore, the petitioner is before this Court. 3. Learned High Court Government Pleader 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. 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 - 4 - HC-KAR NC: 2025:KHC:29245 WP No. 17059 of 2025 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 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. 5. Accordingly, this Court proceeds to pass the following: - 5 - HC-KAR NC: 2025:KHC:29245 WP No. 17059 of 2025 ORDER i) The writ petition is disposed of. ii) 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. iii) If revenue entries have been altered pursuant to the impugned order dated 19.02.1999, the same shall be restored in favour of the petitioner. iv) The petitioner shall appear before the respondent-Assistant Commissioner on 28th August 2025, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. - 6 - HC-KAR NC: 2025:KHC:29245 WP No. 17059 of 2025 6. Learned Additional Government Advocate 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.: 2 CT: BHK