- 1 - HC-KAR NC: 2025:KHC:33565 WP No. 8811 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 8811 OF 2024 (LR) BETWEEN: SMT. MAHADEVAMMA W/O LATE C VENKATAIAH, AGED 63 YEARS, R/AT JAYANAGARA LAYOUT, K R PET TOWN, KASABAHOBLI, K R PET TALUK, MANDYA DISTRICT 571403. …PETITIONER (BY SRI. MANJESH H M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIKAS SOUDHA, AMBEDKAR VEEDHI, BENGALURU 01. 2. THE ASSISTANT COMMISSIONER PANDAVAPURA SUB DIVISION, PANDAVAPURA, MANDYA DISTRICT 571403. 3. THE TAHSILDAR K R PETE TALUK, MANDYA DISTRICT 571403. …RESPONDENTS (BY SRI.MOHAMMAD JAFFAR SHAH., AGA) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33565 WP No. 8811 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 12/02/2016 PASSED BY THE R2- ASSISTANT COMMISSIONER, PANDAVAPURA SUB-DIVISION, PANDAVAPURA, IN NO.BHU.SU.PARISILANE.45/2015-16 VIDE ANNEXURE-D. 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. The petitioner is aggrieved by the order of forfeiture dated 12.02.2016 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 petitioner submits that this is a case where the impugned order of forfeiture has been passed by the Assistant Commissioner without notice - 3 - HC-KAR NC: 2025:KHC:33565 WP No. 8811 of 2024 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. 4. 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. 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 omitted from the statute book in terms of the Karnataka - 4 - HC-KAR NC: 2025:KHC:33565 WP No. 8811 of 2024 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 Bench in W.P.No.7821/2021, this Court finds that facts - 5 - HC-KAR NC: 2025:KHC:33565 WP No. 8811 of 2024 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. 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 12.02.2016, the same shall be restored in favour of the petitioner. iv) The petitioner shall appear before the respondent-Assistant Commissioner on 18th - 6 - HC-KAR NC: 2025:KHC:33565 WP No. 8811 of 2024 September 2025, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. 9. Pending I.As., if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL CT: JL