- 1 - HC-KAR NC: 2025:KHC:32254 WP No. 12030 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 12030 OF 2025 (LR) BETWEEN: MRS LAKSHMAMMA W/O LATE NARAYANAPAP OCC- AGRICULTURIST AGED ABOUT 71 YEARS, R/AT VAPASANDRA VILLAGE, KASABA HOBLI, CHIKKABALLAPUR TALUK AND DISTRICT-562 101 REP BY HER GPA HOLDER MR. S H S PRASAD S/O LATE. BHARATRAJ, AGED ABOUT 85 YEARS, R/AT SARAGONDLU VILLAGE, DARINAYAKANAPALYA HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT -561 206 …PETITIONER (BY SRI. GALAVA KUMAR M.V., ADVOCATE FOR SRI. R SRINIVASA GOWDA., ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA, BANGALORE -560 001 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32254 WP No. 12030 of 2025 REP BY ITS SECRETARY 2. THE ASSISTANT COMMISSIONER CHIKKABALLAPUR SUB-DIVISION CHIKKABALLAPUR-562 101 3. THE TAHSILDHAR, GOWRIBIDANUR TALUK GOWRIBIDANUR CHIKKABALLAPUR DISTRICT-561 206 …RESPONDENTS (BY SRI. SESHU.V., HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION, TO QUASH THE ORDER DTD 22/08/2015 PASSED IN CASE NO. LRF. 79(AB)/114/2011- 12 BY THE RESPONDENT NO.2 AS PER ANNEXURE- C AND ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioner is aggrieved by the order of forfeiture dated 22.08.2015 passed by the respondent-Assistant Commissioner invoking the provisions of Section 83 of the - 3 - HC-KAR NC: 2025:KHC:32254 WP No. 12030 of 2025 Karnataka Land Reforms Act, 1961 for violation of the provisions contained in Section 79A and 79B of the Act. 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 - HC-KAR NC: 2025:KHC:32254 WP No. 12030 of 2025 4. Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 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 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 - 5 - HC-KAR NC: 2025:KHC:32254 WP No. 12030 of 2025 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. 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-Assistant Commissioner to consider the case of the petitioner including the consequences of the subsequent amendment brought to the provisions of - 6 - HC-KAR NC: 2025:KHC:32254 WP No. 12030 of 2025 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 22.08.2015, the same shall be restored in favour of the petitioner. iv) The petitioner shall appear before the respondent-Assistant Commissioner on 10th September 2025, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. Sd/- (R DEVDAS) JUDGE JT/- CT: JL