- 1 - HC-KAR NC: 2025:KHC:29343 WP No. 20299 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 20299 OF 2025 (LR) BETWEEN: SMT. LAVANYA W/O G. GOVINDA, AGED ABOUT 33 YEARS, RESIDING AT CHANDAGALU VILLAGE, KASABA HOBLI, SRIRANGAPATTANNA TALUK, MANDYA DISTRICT - 571 438. …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 ASSISTANT COMMISSIONER PANDAVAUR SUB-DIVISION, PANDAVAUR - 571 434, MANDYA DISTRICT. 3. THE THASILDAR SRIRANGAPATNA TALUK - 571 438, MANDYA DISTRICT. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29343 WP No. 20299 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE LEARNED ASSISTANT COMMISSIONER, PANDAVAPURA SUB-DIVISION, PANDVAPURA, MANDYA DISTRICT IN CASE NO.LRF(SRI) 57/2017-18 AND ETC., THIS PETITION, 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. Learned counsel for the petitioner submits that the petitioner purchased 24 guntas of land in Sy.No.64/1 situated at Hosur Village, Kasaba Hobli, Srirangapatna Taluk under registered sale deed dated 10.08.2017 and the proceedings for violation of Sections 79A and B seems to have initiated at the hands of the Tahsildar, Srirangapatna and the Assistant Commissioner, Pandavapura has passed the impugned order at Annexure-A on 05.01.2019 without issuing notice to the - 3 - HC-KAR NC: 2025:KHC:29343 WP No. 20299 of 2025 petitioner. Learned counsel submits that the petitioner was not aware of the orders passed by the Assistant Commissioner, till recently. Moreover, the provisions contained in Sections 79A, B and C have been deleted from the statute. 3. 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 - 4 - HC-KAR NC: 2025:KHC:29343 WP No. 20299 of 2025 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. 4. For the reasons stated above, this Court proceeds to pass the following; : O R D E R : (i) The writ petition is disposed of. (ii) The matter is remitted 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 79A and 79B of the Karnataka Land Reforms Act in Karnataka Amendment No.56 of 2020. (iii) The petitioner shall appear before the respondent-Assistant Commissioner on - 5 - HC-KAR NC: 2025:KHC:29343 WP No. 20299 of 2025 28.08.2025 without waiting for further notice from the Assistant Commissioner. (iv) If revenue entries have been altered pursuant to the impugned order dated 05.01.2019, the same shall be restored in favour of the petitioner. Ordered accordingly. 5. 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 CT: BHK