- 1 - HC-KAR NC: 2025:KHC:36661 WP No. 10576 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 10576 OF 2025 (KLR-RR/SUR) BETWEEN: SRI V.NARAYANASWAMY AGED ABOUT 50 YEARS, S/O LATE VENKATAPPA, R/AT KALYANAPURA VILLAGE, SOLURU HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT- 562 127. …PETITIONER (BY SRI. RAMESH KUMAR.V.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE 560 001. 2. THE DEPUTY COMMISSIONER, RAMANAGARA DISTRICT, RAMANAGARA- 562159. 3. THE ASSISTANT COMMISSIONER, RAMANAGARA SUB-DIVISION, RAMANAGARA TALUK OFFICE, RAMANAGARA-562159. 4. THE TAHSILDAR, MAGADI TALUK, MAGADI- 562120. …RESPONDENTS (BY SRI. SESHU.V, HCGP) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36661 WP No. 10576 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER THE REPRESENTATION DATED 10.02.2025 AS PER ANNEXURE-J AND REPRESENTATIONS DATED 05/03/2025 AS PER ANNEXURES-K1 AND K2 TO RECTIFY THE REVENUE ENTRIES BY ENTERING THE NAME OF RAMAIAH AND SUBSEQUENTLY IN THE NAME OF PETITIONER IN RESPECT OF LAND BEARING SY.NO. 9/4, MEASURING TO THE EXTENT OF 2 ACRES, SITUATED AT KALYANIPURA VILLAGE, SOLURU HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT AND ETC. 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 High Court Government Pleader takes notice for all the respondents. 2. The grievance of the petitioner is in respect of the land measuring 02 acres in Sy.No.9/4 situated at Kalyanapura Village, Soluru Hobli, Magadi Taluk, Ramanaga`ra District, in column No.9 and 12(2) of the RTCs, and the name of one Ramappa (grandfather of the petitioner), purchaser of the granted land, which was reflected upto 1981-82, has not been continued. The said Ramaiah died leaving behind the petitioner as his legal heir and therefore, the petitioner continued to be in possession and enjoyment of the aforesaid land, cultivating the - 3 - HC-KAR NC: 2025:KHC:36661 WP No. 10576 of 2025 land by growing seasonal crops. Thereafter, when the petitioner applied for RTCs in the revenue office, he noticed that name of Sri.Ramaiah has been removed and mentioned as ‘Sarkari Phada' (forfeited land) at coloumn no.9 of the RTC and therefore, gave representations dated 10.02.25 (Annexure-J) to the Tahsildar and again on 05.03.2025 (Annexures- K1 and K2), both to the Assistant Commissioner and to the Tahsildar for removal of the entry of ‘SARKARI PADA' and to enter the name of Ramaiah and subsequently, the name of the petitioner, being his legal heir, in the RTC. 3. This Court, in the case of Shivanna Vs. Deputy Commissioner in W.P.No.19639/2021 dated 05.09.2022 has held that having regard to Section 163 of the Karnataka Land Revenue Act, 1964, and Rule 119 of the Karnataka Land Revenue Rules, 1966, that in normal circumstances where there are arrears of land revenue, it is not the intention of the Government to forfeit agricultural lands. The provisions are clearly directed towards the other cases where charges are created by orders passed by Courts of law and other competent authorities where the parties are in default for payment and the - 4 - HC-KAR NC: 2025:KHC:36661 WP No. 10576 of 2025 Courts and authorities deem it fit to direct recovery of such debts to be collected as arrears of land revenue. In all other cases, in terms of the amended provision, which came into effect from 01.04.1988, the Government has granted relaxation and enabled the revenue authorities to accept the application for cancellation of forfeiture even in cases where the land was sold and purchased on account of the Government dues, but which were not disposed of otherwise. 4. Consequently, the writ petition is disposed of with a direction to the respondent-Tahsildar, Magadi Taluk, to inform the petitioner of the arrears of land revenue within a period of four weeks from the date of receipt of a copy of this order. If the petitioner is called upon to pay the arrears of land revenue, they shall pay the same and after payment of the arrears of land revenue, the forfeiture clause shall be removed and the name Sri.Ramaiah, shall be entered in the revenue records. Thereafter, the Tahsildar shall find out if the petitioner is the only legal heir of Sri.Ramaiah, and if it is so, the name of the petitioner to be entered, being the legal heir of Ramaiah, in respect of the land measuring 02 acres in Sy.No.9/4 situated at - 5 - HC-KAR NC: 2025:KHC:36661 WP No. 10576 of 2025 Kalyanapura Village, Soluru Hobli, Magadi Taluk, Ramanagara District, in column No.9 of the RTC within a period of two months from the date of payment of the arrears of land revenue, if any. 5. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rs List No.: 1 Sl No.: 30