- 1 - HC-KAR NC: 2025:KHC:38468 WP No. 28759 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.28759 OF 2025 (LR) BETWEEN: 1. SRI A. KUMAR S/O. N. ASHWATHAPPA AGED ABOUT 38 YEARS R/AT ASHOKA NAGARA VIJAYAPURA TOWN, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-01 2. SRI SYED MAHABOOB PASHA S/O. SRI SYED PEER AGED ABOUT 42 YEARS R/AT NO.101, CHIKKABETTAHALLI VIDYARANYAPURA POST BENGALURU-560 097 …PETITIONERS (BY SRI PRATHEEP K. C., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER DODDABALLAPURA DODDABALLAPURA DISTRICT-01 2. TAHSILDAR DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-01 …RESPONDENTS (BY SRI K. P. YOGANNA, A.G.A.) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38468 WP No. 28759 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER DATED 31.08.2018 IN CASE NO.LRF:SR(DE):213/2009-2010 PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-A. THIS WRIT PETITION IS COMING ON FOR ORDERS, 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. Petitioner No.1 claims to be the vendor and petitioner No.2 claims to be the purchaser of the property in question. The petitioners are aggrieved by the order of forfeiture dated 31.08.2018 passed by the respondent- Assistant Commissioner invoking the provisions of Section 83 of the Karnataka Land Reforms Act, 1961, for violation of the provisions contained in Section 79A and 79B of the Act. 3. Learned Counsel for the petitioners submits that this is a case where the impugned order of forfeiture has - 3 - HC-KAR NC: 2025:KHC:38468 WP No. 28759 of 2025 been passed by the Assistant Commissioner without notice to the petitioners. 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 persons. 4. Learned Additional Government Advocate points out from the impugned order that notice was indeed issued to the petitioner No.1 and in spite of notice having been issued, he did not appear before the Assistant Commissioner. 5. Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no proceedings were pending before any court/authority. 6. 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 - 4 - HC-KAR NC: 2025:KHC:38468 WP No. 28759 of 2025 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 proceedings shall be declared as abated by the Assistant Commissioner. 7. Having considered the submissions of the learned Counsels and on perusing the judgment of the co-ordinate - 5 - HC-KAR NC: 2025:KHC:38468 WP No. 28759 of 2025 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 petitioners herein. 8. 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. iii) If revenue entries have been altered pursuant to the impugned order dated 31.08.2018, the same shall be restored in favour of the purchasers. - 6 - HC-KAR NC: 2025:KHC:38468 WP No. 28759 of 2025 iv) The purchasers shall appear before the respondent-Assistant Commissioner on 15th October 2025, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. 9. Pending I.As., if any, stand disposed of. 10. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT:VC