Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:2365 WP No. 682 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 682 OF 2026 (KLR-RES)
BETWEEN:
SRI ANJANEYA S/O LATE D. THIMMANNA AGED ABOUT 48 YEARS R/A HIREMAGADIVADDIGERE VILLAGE, SORABA TALUK, SHIVAMOGGA DISTRICT-577429. …PETITIONER (BY SRI. KASHINATH J D., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001.
REPRESENTED BY ITS SECRETARY
2.
THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201.
3.
THE ASSISTANT COMMISSIONER SAGARA SUB DIVISION SAGARA TOWN, SHIVAMOGGA DISTRICT-577429.
4.
THE TAHSILDAR SORABA TALUK, SORABA,
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:2365 WP No. 682 of 2026
SHIVAMOGGA DISTRICT-577429. …RESPONDENTS (BY SRI. K.P.YOGANNA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER ORDER TO QUASH THE IMPUGNED ENDORSEMENT BEARING NO. R.R.T.C.R 17/12- 13 DATED.01.03.2018 ISSUED BY RESPONDENT NO.4 AS PER ANNEXURE-N AS ILLEGAL AND BAD IN LAW 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 Advocate takes notice for all the respondents.
2. The grievance of the petitioner is that the respondent No.4 – Tahsildar, Soraba Taluk, has issued an endorsement at Annexure N dated 01.03.2018 rejecting the request made by the petitioner for collection of the arrears of land revenue and to remove the forfeiture clause “Pada” in the RTC.
3. The learned counsel submits that while pointing out to Annexure-K that in terms of the directions issued by
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HC-KAR NC: 2026:KHC:2365 WP No. 682 of 2026
the revenue authorities, the petitioner has paid the arrears of land revenue of Rs.1,146/- on 11.01.2005. Despite the collection of the arrears of land revenue, the impugned endorsement has been issued.
4.
Learned counsel submits that this Court has considered the issue regarding the non removal of the aforesaid clause in the RTC in the case of Shivanna Vs. Deputy Commissioner in W.P.No.19639/2021 dated
05.09.2022. Learned counsel for the petitioner prays for similar orders. 5. This Court in the case of 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
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HC-KAR NC: 2026:KHC:2365 WP No. 682 of 2026
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 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. 6. Consequently, the writ petition is disposed of with a direction to the respondent-Tahsildar, Soraba Taluk, to 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, they shall pay the same and after payment of the arrears of land revenue, the
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HC-KAR NC: 2026:KHC:2365 WP No. 682 of 2026
forfeiture clause shall be removed and the name Sri Late Nagappa, shall be entered in the revenue records. Thereafter, the Tahsildar shall verify if the petitioner is the only legal heir of Sri.
Nagappa, and if it is found to be so, the name of the petitioner is to be entered, being the legal heir of Nagappa, in respect of the land measuring 02 acres in Sy.No.94/1A measuring 3 acre 12 guntas and Sy.No.94/1B measuring 3 acre 30 guntas situated at Hiremagadi Village, in column No.9 of the RTC within a period of two months from the date of payment of the arrears of land revenue, if any. 7. Learned Additional Government Advocate Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE
KLY CT: JL