- 1 - HC-KAR NC: 2025:KHC:31854 WP No. 190 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.190 OF 2025 (LR) BETWEEN: 1. SRI B. GANESH S/O. LATE MUNIBYRAPPA AGED ABOUT 49 YEARS RESIDING AT ITTISANDRA VILLAGE NANDAGUDI HOBLI HOSAKOTE TALUK PIN-562114. 2. SRI. R. VEERAPRATHAP S/O. LATE R. MALLIKARJUNA AGED ABOUT 63 YEARS. 3. SMT. HARINI PRATHAP W/O. SRI R. VEERAPRATHAP AGED ABOUT 57 YEARS BOTH ARE RESIDING AT NO.155 69TH CROSSRAJAJINAGAR, 5TH BLOCK BENGALURU-560 010. …PETITIONERS (BY SRI. GOPALA KRISHNA B.N., ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560 001. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31854 WP No. 190 of 2025 2. ASSISTANT COMMISSIONER KOLAR SUB-DIVISION KOLAR DISTRICT PIN-563101. 3. THE TAHASILDAR KOLAR TALUK KOLAR DISTRICT PIN-563101. …RESPONDENTS (BY SRI. K.P.YOGANNA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 17/06/2015 PASSED BY THE R2 IN LRF CR NO.11/2008-09 I.E. ANNEXURE-G AND CALL FOR THE RECORDS IN LRF CR NO.11/2008-09 ON THE FILE OF R2 AND TO PASS SUCH OTHER ORDER. 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 the respondents. 2. The petitioners are aggrieved by the order of forfeiture dated 17.06.2015 passed by the Assistant Commissioner, Sub-Division, Kolar District under the provisions of Section 83 for violation of the provisions - 3 - HC-KAR NC: 2025:KHC:31854 WP No. 190 of 2025 contained in Sections 79-A and 79-B of the Karnataka Land Reforms Act, 1961. 3. Learned Counsel for the petitioners submits that this is a case where the impugned order of forfeiture has 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 person. 4. Learned Additional Government Advocate points out from the impugned order that notice was indeed issued to the petitioners and in spite of notice having been issued, the petitioners 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. - 4 - HC-KAR NC: 2025:KHC:31854 WP No. 190 of 2025 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 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 - 5 - HC-KAR NC: 2025:KHC:31854 WP No. 190 of 2025 proceedings shall be declared as abated by the Assistant Commissioner. 7. 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 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 petitioners 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. - 6 - HC-KAR NC: 2025:KHC:31854 WP No. 190 of 2025 iii) If revenue entries have been altered pursuant to the impugned order dated 17.06.2015, the same shall be restored in favour of the petitioners. iv) The petitioners shall appear before the respondent-Assistant Commissioner on 8th September 2025, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. 9. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE RHS List No.: 1 Sl No.: 19