- 1 - HC-KAR NC: 2026:KHC:13770 WP No. 7347 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 7347 OF 2026 (KLR-RR/SUR) BETWEEN: SRI. LAKSHMAN RAO S/O. LATE. VENKATA RAO @ VENKATRAYAPPA AGED ABOUT 63 YEARS, R/AT. BYALAHALLI VILLAGE, KADABA HOBLI, GUBBI TALUK TUMAKURU DISTRICT - 572 219 …PETITIONER (BY SRI. SIDDARAMAIAH V.B., ADVOCATE) AND: 1. THE STATE OF KARNTAKA DEPARTMENT OF REVENUE M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU 560 001. REP. BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, MINI VIDHANA SOUDHA, DR. B.R. AMBEDKAR ROAD, TUMAKURU-572 101. Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13770 WP No. 7347 of 2026 3. THE TAHASILDAR, GUBBI TALUK, RAILWAY STATION ROAD GUBBI, TUMAKURU DISTRICT - 572 216. 4. THE REVENUE INSPECTOR KADABA HOBLI, GUBBI TALUK TUMAKURU DISTRICT - 572 219 …RESPONDENTS (BY SRI. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT/ INTIMATION DATED 09.10.2024 BEARING NO. FADA CR/04/2023-24 ISSUED BY THE TAHASILDAR, GUBBI TALUK, RAILWAY STATION ROAD GUBBI, VIDE ANNX-G & 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. - 3 - HC-KAR NC: 2026:KHC:13770 WP No. 7347 of 2026 2. The grievance of the petitioner is in respect of the land measuring 02 acres and 6 guntas in Sy.No.30 situated at Dasarakallahalli Village, Kadaba Hobli, Gubbi Taluk Tumakuru District, which was purchased by petitioner's father Sri.Venkatrayappa @ Venkata Rao through a registered sale deed dated 10.08.1948 from Sri.Venkatamma and her children and his name was entered in the RTC. However, after the death of petitioner's father petitioner name was not continued in the RTC extracts and it is shown as 'SARKARI PADA' and forfeiture of the lands were done pursuant to the khathedars failing to pay the land revenue. Therefore, they gave representations dated 31.10.2012 (Annexure-F) to the Tahsildar, Gubbi Taluk for removal of the entry of ‘SARKARI PADA' and to enter the name of Sri.Venkatrayappa @ Venkata Rao and subsequently, to enter the name of the petitioner, being his legal heir, in the RTC. In the impugned endorsement issued by the Tahsildar, Gubbi Taluk at Annexure-G it is stated that petitioner has not filed an application for restoration of pada within time. - 4 - HC-KAR NC: 2026:KHC:13770 WP No. 7347 of 2026 3. In terms of the orders passed by the Government a window opportunity was available for the petitioner to file application seeking restoration of forfeiture clause on payment of arrears of land revenue between 07.12.2012 to 06.09.2014, the petitioner has filed the application even before the opportunity was made available by the Government. 4. 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 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 - 5 - HC-KAR NC: 2026:KHC:13770 WP No. 7347 of 2026 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. 5. Consequently, the writ petition is disposed of with a direction to respondent No.3 - Tahsildar, Gubbi Taluk, to look into the matter. If it is found that the petitioner's father name was in the RTC, by virtue of a mutation order, the Tahsildar, shall 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, he shall pay the same and after payment of the arrears of land revenue, the forfeiture clause shall be removed and the name Sri.Venkatrayappa @ Venkata Rao, shall be entered in the revenue records. Thereafter, the Tahsildar shall find out who are the legal heirs of Sri.Venkatrayappa @ Venkata Rao, and after satisfying himself he shall enter the name of the legal heirs of Sri.Venkatrayappa @ Venkata Rao, in respect of the land measuring 02 acres 06 guntas in Sy.No.30 situated at Dasarakallahalli Village, Kadaba Hobli, Gubbi Taluk, - 6 - HC-KAR NC: 2026:KHC:13770 WP No. 7347 of 2026 Tumakuru 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, in accordance with law. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE GPG List No.: 1 Sl No.: 17