- 1 - HC-KAR NC: 2025:KHC:32494 WP No. 23846 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 23846 OF 2023 (LR-) BETWEEN: 1. SMT DEVEERAMMA W/O LATE CHIKKAGURUVAIAH, AGED 62 YEARS, R/AT KANJUGARANAHALLI VILLAGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT – 562 109 2. SRI NAGARAJU S/O LAET CHIKKAGURUVAIAH, AGED 32 YEARS, R/AT KANJUGARANAHALLI VILLAGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT – 562 109 3. SMT. SHIVARATHNAMMA D/O LATE CHIKKAGURUVAIAH, AGED 42 YEARS, R/AT KANJUGARANAHALLI VILLAGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT – 562 109 4. SMT. YESHODHA ALIAS GURULAKSHMAMMA D/O LATE CHIKKAGURUVAIAH, AGED 40 YEARS, R/AT KANJUGARANAHALLI VILLAGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT – 562 109 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32494 WP No. 23846 of 2023 5. SRI SHIVASHANKAR S/O LATE CHIKKAGURUVAIAH, AGED 38 YEARS, R/AT KANJUGARANAHALLI VILLAGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT – 562 109 6. SMT. SUNDAMMA D/O LATE CHIKKAGURUVAIAH, AGED 36 YEARS R/AT KANJUGARANAHALLI VILLAGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT – 562 109 7. SMT. NAGARATHNMMA D/O LATE CHIKKAGURUVAIAH, AGED 34 YEARS, R/AT KANJUGARANAHALLI VILLAGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT – 562 109 …PETITIONERS (BY SRI. B. M. LOKESH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS REVENUE SECRETARY VIDHANA SOUDHA, REVENUE DEPARTMENT BENGALURU – 560 001. 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION RAMANAGARA – 562 159 3. TAHASILDHAR CHANNAPATTANA TALUK, RAMANAGAR DISTRICT – 562 160 …RESPONDENTS (BY SRI. K. P. YOGANNA, AGA) - 3 - HC-KAR NC: 2025:KHC:32494 WP No. 23846 of 2023 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDA PRAYING TO QUASH ORDER DATED 07.08.2019 IN LRP 79 (A AND B) 12/2013-14 PASSED BY THE 2ND RESPONDENT i.e., ASSISTANT COMMISSIONER, RAMANAGARA SUB-DIVISION, RAMANAGARA AT ANNEXURE-G 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. The petitioners are aggrieved by the order of forfeiture dated 07.08.2019 passed by the Assistant Commissioner, Ramanagara Sub-Division, Ramanagara, under the provisions of Section 83 for violation of the provisions 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 - 4 - HC-KAR NC: 2025:KHC:32494 WP No. 23846 of 2023 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. 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 - 5 - HC-KAR NC: 2025:KHC:32494 WP No. 23846 of 2023 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 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 - 6 - HC-KAR NC: 2025:KHC:32494 WP No. 23846 of 2023 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. iii) If revenue entries have been altered pursuant to the impugned order dated 07.08.2019, the same shall be restored in favour of the petitioners. - 7 - HC-KAR NC: 2025:KHC:32494 WP No. 23846 of 2023 iv) The petitioners shall appear before the respondent-Assistant Commissioner on 08.09.2025, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv CT: UR