- 1 - HC-KAR NC: 2025:KHC:29979 WP No. 23097 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. 23097 OF 2025 (LR) BETWEEN: M KRISHNAMURTHI S/O LATE.S.MUNIDEVARAO AGED ABOUT 62 YEARS OCC AGRICULTURIST RESIDING AT NO.99/1, SRINIVASA COLONY, AGS LAYOUT, AREHALLI SUBRAMANYAPURA POST BENGALURU-560 062. …PETITIONER (BY SRI. S V PRAKASH.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S. BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU- 560 001. 2. THE ASSISTANT COMMISSIONER, RAMANAGARA SUB-DIVISION, (RAMANAGARA DISTRICT) BENGALURU SOUTH DISTRICT -562 159. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29979 WP No. 23097 of 2025 3. THE TAHSILDAR, CHNNAPATTANA TALUK, CHNNAPATTANA -562 160. …RESPONDENTS (BY SRI. K.P YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE ORDERS DATED 03.05.2017 PASSED BY THE SECOND RESPONDENT IN PROCEEDINGS NO.L.R.F/79(A AND B) (CHA)109/2015-16 WITH RESPECT OF THE LANDS MEASURING 0-18.08 GUNTAS COMPRISING IN SY.NO.59/2A3 AND LAND MEASURING 0-13 GUNTAS IN SY.NO.59/2B2 OF SHETTIHALLI VILLAGE, MALURU HOBLI, CHANNAPATTAN TALUK, (RAMANAGARA DISTRICT) BENGALURU SOUTH DISTRICT WAS FORFEITED TO STATE GOVERNMENT FOR ALLEGED VIOLATION OF SECTIONS 79-A AND 79-B OF KARNATAKA LAND REFORMS ACT, 1961 PRODUCED AS PER ANNEXURE-G TO THE WRIT PETITION, 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 takes notice for all the respondents. 2. Learned counsel for the petitioner submits that the impugned order at Annexure-G dated 03.05.2017 was passed by the Assistant Commissioner, Ramanagara Sub- Division, without issuing notice to the petitioner. In that - 3 - HC-KAR NC: 2025:KHC:29979 WP No. 23097 of 2025 regard, attention of this Court is drawn to Annexure-F which is the order sheet maintained by the Assistant Commissioner. 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 (Second Amendment) Act, 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:29979 WP No. 23097 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. For the reasons stated above, this Court proceeds to pass the following; : O R D E R : (i) The writ petition is disposed of. (ii) The matter is remitted back to the respondent-Assistant Commissioner to - 5 - HC-KAR NC: 2025:KHC:29979 WP No. 23097 of 2025 consider the case of the petitioner including the consequences of the subsequent amendment brought to the provisions of Sections 79A and 79B of the Karnataka Land Reforms Act in Karnataka Amendment No.56 of 2020. (iii) The petitioner shall appear before the respondent-Assistant Commissioner on 28th August 2025 without waiting for further notice from the Assistant Commissioner. (iv) If revenue entries have been altered pursuant to the impugned order dated 03.05.2017, the same shall be restored in favour of the petitioner. Ordered accordingly. 7. 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.: 8