- 1 - HC-KAR NC: 2026:KHC:8109 WP No. 2401 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 2401 OF 2026 (KLR-RES) BETWEEN: 1. R. KRISHNAMACHARI, SON OF RAMAKRISHNACHARI, AGED ABOUT 70 YEARS, RESIDING AT NO.43/44, SAKUMBARINAGAR, SARAKKI 1 PHASE, 1ST MAIN ROAD, J.P.NAGAR, BENGALURU-560 078. 2. SRI.N.JAYARAM, S/O N.CHINNABBA NAIDU, AGED ABOUT 55 YEARS, R/AT NO.1671, 16TH MAIN ROAD, 31ST CROSS, BANASHANKARI 2ND STAGE, BENGALURU-560 070. …PETITIONERS (BY SRI. N.BYREGOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING DR. AMBEDKAR VEEDHI, BENGLAURU-560 001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER OFFICE, BENGALURU RURAL DISTRICT, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8109 WP No. 2401 of 2026 DISTRICT ADMINISTRATION HOUSE, BEERSANDRA VILLAGE DEVANAHALLI TALUK- 562 110. 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, BENGALURU RURAL DISTRICT, KARNAKATA -561 203. 4. THE TAHSILDAR DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, KARNATAKA-562 110. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR SUCH OTHER APPROPRIATE WRIT OR ORDER QUASHING THE IMPUGNED ORDER DATED 13.08.2001 VIDE LRF.SR.358/1996-97 PASSED BY THE 3RD RESPONDENT- ASSISTANT COMMISSIONER (ANNEXURE-F) IN RESPECT OF SY.NO.124/1, MEASURING 1 ACRE 3 GUNTAS, SITUATED AT BULLAHALLI VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL 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 Additional Government Pleader takes notice for all the respondents. - 3 - HC-KAR NC: 2026:KHC:8109 WP No. 2401 of 2026 2. Earlier petitioner No.2 was before this Court in W.P.No.33349/2025 and this Court disposed of the writ petition on 05.01.2026 while observing that petitioner No.2 herein cannot raise a challenge to the order passed by the Assistant Commissioner under Section 79A and B r/w Section 83 of the Karnataka Land Revenue Act, 1964 Liberty was granted to petitioner No.2 to raise a challenge to the order passed by the Assistant Commissioner at the hands of the person against whom the order was passed. Accordingly, petitioner No.2 has filed this petition along with petitioner No. 1 who is the person against whom the impugned order has been passed by the Assistant Commissioner. This writ petition has been filed aggrieved by the order passed by the Assistant Commissioner in proceedings bearing No.LRF:SR:358/1996-97 dated 13.08.2001 at Annexure-F. 3. Learned counsel for the petitioners submit that this is a case where the impugned order of forfeiture has been passed by the Assistant Commissioner without notice - 4 - HC-KAR NC: 2026:KHC:8109 WP No. 2401 of 2026 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 omitted from the statute book in terms of the Karnataka - 5 - HC-KAR NC: 2026:KHC:8109 WP No. 2401 of 2026 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 Bench in W.P.No.7821/2021, this Court finds that - 6 - HC-KAR NC: 2026:KHC:8109 WP No. 2401 of 2026 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 13.08.2001, the same shall be restored in favour of the petitioners. iv) The petitioners shall appear before the respondent-Assistant Commissioner on - 7 - HC-KAR NC: 2026:KHC:8109 WP No. 2401 of 2026 04.03.2026, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. Learned Additional Government Pleader 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.: 30