- 1 - HC-KAR NC: 2025:KHC:33924 WP No. 14134 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 14134 OF 2025 (LR) BETWEEN: SRI KEMPARAJU S H S/O LATE HANUMANTHAIAH AGED ABOUT 54 YEARS, RESIDING AT NO. 43, NAGARAHOLENAGARA, MAHADESWARANAGARA ROAD, MAGADI MAIN ROAD, BENGALURU - 560 023 PERMANENT RESIDENT SINGRIGOWDANAPALYA DODDASOMANAHALLI POST, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 111 …PETITIONER (BY SRI. GOPALA KRISHNA B.N., ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY CHIEF SECRETARY VIDHANASOUDHA, BENGALURU - 560 001 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33924 WP No. 14134 of 2025 2. ASSISTANT COMMISSIONER KOLLEGALA SUB-DIVISION KOLLEGALA, CHAMARAJANAGAR DIST. PIN CODE - 571 440 3. THE THAHASILDAR KOLLEGAL TALUK, KOLLEGALA, CHAMARAJANAGAR DIST. PIN CODE - 571 440 …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF KARNATAKA APPELLATE TRIBUNAL, MULTISTORE BUILDING, BENGALURU (CH-1) IN REVENUE APPEAL NO.34/2022 AND IN LRF NO.165/2013-14 ON THE FILE OF 2ND RESPONDENT 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 takes notice for all the respondents. - 3 - HC-KAR NC: 2025:KHC:33924 WP No. 14134 of 2025 2. Learned counsel for the petitioner submits that the original order passed by the Assistant Commissioner, Competent Authority on 13.10.2015, forfeiting the lands. The petitioner approached the Karnataka Appellate Tribunal after the ordinance was passed in the year 2020 and therefore, the tribunal declined to entertain the appeal. Thereafter, the petitioner filed W.P.No.21795/2021 and this Court by order dated 20.12.2021 disposed of the writ petition reserving liberty to the petitioner to file an appeal before the Tribunal. Thereafter, the petitioner filed Revision Appeal No.34/2022 before the Karnataka Appellate Tribunal and the impugned order was passed by the Tribunal on 10.02.2025 dismissing the appeal. 3. This writ petition has been filed aggrieved by the order passed by the Land Tribunal in Revision Appeal No.34/2022 dated 10.02.2025 and order of the Assistant Commissioner in proceedings bearing No.LRF 165/2013-14 dated 13.10.2015 at Annexures-J and F respectively. - 4 - HC-KAR NC: 2025:KHC:33924 WP No. 14134 of 2025 4. Learned counsel for the petitioner submits that this is a case where the impugned order of forfeiture has been passed by the Assistant Commissioner without notice to the petitioner. It is further submitted that under similar circumstances, a co-ordinate Bench of this Court in W.P.No.7821/2021 has passed an order dated 16.08.2021 remanding the matter back to the Assistant Commissioner for fresh consideration after affording an opportunity of hearing to the aggrieved person. 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. Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no proceedings were pending before any court/authority. - 5 - HC-KAR NC: 2025:KHC:33924 WP No. 14134 of 2025 7. 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 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 - 6 - HC-KAR NC: 2025:KHC:33924 WP No. 14134 of 2025 proceedings shall be declared as abated by the Assistant Commissioner. 8. 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. 9. Accordingly, this Court proceeds to pass the following: 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. - 7 - HC-KAR NC: 2025:KHC:33924 WP No. 14134 of 2025 iii) If revenue entries have been altered pursuant to the impugned order dated 13.10.2015, the same shall be restored in favour of the petitioner. iv) The petitioner shall appear before the respondent-Assistant Commissioner on 18.09.2025, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. 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.: 20