- 1 - HC-KAR NC: 2025:KHC:33332 WP No. 20059 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.20059 OF 2025 (LR) BETWEEN: MAHADEVU S/O LATE MADAIAH, AGED ABOUT 64 YEARS, RESIDING AT CHANDAGALU VILLAGE, KASABA HOBLI, SRIRANGAPATTANNA TALUK, MANDYA DISTRICT - 570 019. …PETITIONER (BY SRI. A.LOURDU MARIYAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. THE SENIOR ASSISTANT COMMISSIONER PANDAVAPURA SUB DIVISION, PANDAVAPURA - 571 434, MANDYA DISTRICT. 3. THE TAHSILDAR SRIRANGAPATNA TALUK - 571 438, MANDYA DISTRICT. …RESPONDENTS (BY SRI. K.P.YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) SET-ASIDE AND Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33332 WP No. 20059 of 2025 QUASH THE IMPUGNED ORDER DATED 24.02.2020, CASE NO.LRF(SRI)96/2016-17, ANNEXURE-A, PASSED BY THE LEARNED ASSISTANT COMMISSIONER, PANDAVAPURA SUB- DIVISION, PANDVAPURA, MANDYA DISTRICT-SECOND RESPONDENT AUTHORITY AND FURTHER TO REMAND THE MATTER FOR FRESH CONSIDERATION, IN RESPECT OF THE LAND SURVEY NO.13/2, MEASURING 0-20 GUNTAS LAND (TWENTY GUNTAS) SITUATED AT MELAPURA VILLAGE, KASBA HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT, ETC THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER This writ petition was initially filed by the petitioner being aggrieved of the inaction on the part of the Tahsildar, to enter the name of the petitioner pursuant to the registered sale deed dated 18.04.2016. However, subsequent to the filing of this writ petition, when it was pointed out that orders have been passed by the competent authority/Assistant Commissioner under Sections 79A and 79B of the Karnataka Land Reforms Act, the petition has been amended by raising a challenge to the said order dated 24.02.2020 in proceedings bearing No.LRF(SRI)96/2016-17 at Annexure ‘A’. - 3 - HC-KAR NC: 2025:KHC:33332 WP No. 20059 of 2025 2. 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. 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. Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no proceedings were pending before any court/authority. - 4 - HC-KAR NC: 2025:KHC:33332 WP No. 20059 of 2025 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 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 - 5 - HC-KAR NC: 2025:KHC:33332 WP No. 20059 of 2025 proceedings shall be declared as abated by the Assistant Commissioner. 6. 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. 7. 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 No.2 - 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 - 6 - HC-KAR NC: 2025:KHC:33332 WP No. 20059 of 2025 Karnataka Land Reforms Act in Karnataka Amendment No.56 of 2020. iii) If revenue entries have been altered pursuant to the impugned order dated 24.02.2020, the same shall be restored in favour of the petitioner. iv) The petitioner shall appear before the respondent-Assistant Commissioner on 28th September 2025, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. Sd/- (R DEVDAS) JUDGE MH/- List No.: 1 Sl No.: 33