- 1 - HC-KAR NC: 2026:KHC:9627 WP No. 3212 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 3212 OF 2026 (LR) BETWEEN: MR. V.P.NISAMI S/O. ABDUL REHMAN, AGED ABOUT 49 YEARS, R/O. VADAKKEY PEEDIYAKAL HOUSE, MANGALAM, TIRUR TALUK, MALAPPURAM DISTRICT, KERALA STATE-676 561. …PETITIONER (BY SRI. NAGARAJA R.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT COMMISSIONER, KOLLEGALA SUB-DIVISION, CHAMARAJANAGAR DISTRICT-571 440. 3. THE THASILDHAR GUNDLUPET TALUK, GUNDLUPET-571 111. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9627 WP No. 3212 of 2026 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN LRF NO.102/2013-14 DATED 28.04.2015 BY THE 2ND RESPONDENT ASSISTANT COMMISSIONER, KOLLEGALA SUB-DIVISION, CHAMARAJANAGAR DISTRICT, PRODUCED AT ANNEXURE-A AS ILLEGAL. 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. This writ petition has been filed aggrieved by the order passed by respondent No.2-Assistant Commissioner in proceedings bearing No.LRF.102/2013-14 dated 28.4.2015 at Annexure-A. 3. Learned counsel for the petitioner submits that this is a case where the impugned order of forfeiture has been passed by the Assistant Commissioner without notice - 3 - HC-KAR NC: 2026:KHC:9627 WP No. 3212 of 2026 to the petitioner. 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. Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no proceedings were pending before any Court/authority. 5. 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 petitioner. - 4 - HC-KAR NC: 2026:KHC:9627 WP No. 3212 of 2026 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. 6. Having considered the submission of the learned Counsel for the petitioner and on perusing the judgment of the co-ordinate Bench in W.P.No.7821/2021, this Court finds that the 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 petitioner herein. - 5 - HC-KAR NC: 2026:KHC:9627 WP No. 3212 of 2026 7. 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 petitioner 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 28.04.2015, the same shall be restored in favour of the petitioner. iv) The petitioner shall appear before the respondent-Assistant Commissioner on 09.03.2026, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. - 6 - HC-KAR NC: 2026:KHC:9627 WP No. 3212 of 2026 Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE TL List No.: 1 Sl No.: 41