- 1 - HC-KAR NC: 2026:KHC:16281 WP No. 6335 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 6335 OF 2026 (LR) BETWEEN: SMT NAGARATHNA C WIFE OF GOVINDA, P. AGED ABOUT 53 YEARS RESIDING AT NO. 153/10, 14TH CROSS DOMLUR VILLAGE OLD AIRPORT ROAD BENGALURU - 560 071 …PETITIONER (BY SRI. VISHRUTH C.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING BENGALURU 560 001 2. THE REGIONAL COMMISSIONER 2ND FLOOR, B.M.T.C BUILDING BENGALURU DIVISION, K.H. ROAD SHANTHINAGAR BENGALURU - 560 027 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16281 WP No. 6335 of 2026 3. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BEERSANDRA VILLAGE, KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU 562 110 4. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB-DIVISION DODDABALLAPUR, BENGALURU RURAL DISTRICT BENGALURU 561 203 5. THE TAHSILDAR HOSKOTE TALUK OFFICE BENGALURU RURAL DISTRICT BENGALURU 562 114 …RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO LRF SR (HOSKOTE) NO.86/2017 FROM RESPONDENT NO.4. ISSUE AN APPROPRIATE WRIT QUASHING THE IMPUGNED ORDER DATED 29.12.2021 PASSED BY RESPONDENT NO.4 IN LRF SR (HOSKOTE) NO.85/2017 (ANNEXURE-A). DECLARE THAT THE PROCEEDINGS IN LRF SR (HOSKOTE) NO.85/2017 STOOD ABATED IN VIEW OF THE KARNATAKA LAND REFORMS (AMENDMENT/SECOND AMENDMENT) ACT, 2020 AND THAT THE PETITIONERS SALE TRANSACTION DATED 16.07.2016 IS NOT HIT BY SECTIONS 79A AND 79B; DIRECT RESTORATION OF THE PETITIONERS NAME IN ALL RELEVANT REVENUE RECORDS PERTAINING TO SY.NO.132/19, MEASURING 0.02 - 3 - HC-KAR NC: 2026:KHC:16281 WP No. 6335 of 2026 GUNTAS, NARAYANAKERE VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT. THIS PETITION, COMING ON FOR ORDERS, 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 the Assistant Commissioner in the proceedings bearing No.L.R.F.SR(HO):86/2017 dated 29.02.2020 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 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 - 4 - HC-KAR NC: 2026:KHC:16281 WP No. 6335 of 2026 for fresh consideration after affording an opportunity of hearing to the aggrieved person. 4. Learned High Court Government Pleader points out from the impugned order that notice was indeed issued to the petitioner and in spite of notice having been issued, the petitioner 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 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 - 5 - HC-KAR NC: 2026:KHC:16281 WP No. 6335 of 2026 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 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. - 6 - HC-KAR NC: 2026:KHC:16281 WP No. 6335 of 2026 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 - the 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 the revenue entries have been altered pursuant to the impugned order dated 29.02.2020, the same shall be restored in favour of the petitioner. iv) The petitioner shall appear before the respondent - the Assistant Commissioner on 15.04.2026, without waiting for further notice from the Assistant Commissioner. - 7 - HC-KAR NC: 2026:KHC:16281 WP No. 6335 of 2026 Ordered accordingly. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE RB