- 1 - HC-KAR NC: 2026:KHC:4523 WP No. 24046 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 24046 OF 2024 (KLR-RES) BETWEEN: SRI. DYAVAIAH S/O. LATE DODDATHIMMAIAH AGED ABOUT 58 YEARS RESIDENT OF KORAMANGALA KAVALU DAKHALE DUDDA HOBLI, HASSAN TALUK HASSAN DISTRICT - 573 118. …PETITIONER (BY SRI. MURALI N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF LAND REVENUE VIDHANA SOUDAH DR. B. R AMBEDIKAR VEEDHI BANGALORE 560 001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN 573 201. 3. THE ASSISTANT COMMISSIONER HASSAN SUB DIVISION HASSAN 573 201. 4. THE TAHSILDAR HASSAN TALUK HASSAN 573 201. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4523 WP No. 24046 of 2024 5. SMT. DEVEERAMMA W/O RUDRAPPA AGED ABOUT 72 YEARS RESIDENT OF HOSAKALYADI VILLAGE, JAVAGAL HOBLI, ARASIKERE TALUK HASSAN DISTRICT 573 118. 6. SRI. KARIGOWDA S/O. LATE ARASEGOWDA AGED ABOUT 74 YEARS RESIDENT OF NIDUGI VILLAGE KASABA HOBLI, HASSAN TALUK HASSAN DISTRICT 573 118. …RESPONDENTS (BY SRI.SESHU V., HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 27.02.2024 PASSED BY THE R-2 IN R.A.28 (A) 2021-22 WHICH IS PRODUCED AT ANNEXURE -J AS ILLEGAL AND QUASH THE SAME 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 High Court Government Pleader takes notice for respondent Nos.1 to 4. Notice to respondent Nos.5 and 6 is not necessary for the following reasons. - 3 - HC-KAR NC: 2026:KHC:4523 WP No. 24046 of 2024 2. It is the contention of the petitioner that land measuring 3 acres and 02 guntas of land in Sy.No.6/2 situated at Cheeranahalli Village, Dudda Hobli, Hassan Taluk and District was granted in favour of Sri.Kenga S/o. Sanna, (great grandfather of the petitioner). The revenue records maintained by the authorities clearly disclosed that in Form No.5 the name of Sri.Kenga S/o. Sanna is entered in revenue records and without providing any opportunity to the great grandfather of the petitioners, the authorities have entered the name of 'Government SARKARI PADA' in Form No.6. The family of the petitioner not being aware of the revenue entry made by the authorities continued to be in possession and enjoyment of the said lands. During the course of the hearing, learned counsel for the petitioner submits that petitioner is claiming rights over 2 acres 12 guntas of land since the petitioner's great grandfather sold an extent of 30 guntas on the strength of the registered sale deed dated 11.12.1967. Therefore, learned counsel submits that the claim of the petitioner will be restricted to 2 acres and 12 guntas in Sy.No.6/2. - 4 - HC-KAR NC: 2026:KHC:4523 WP No. 24046 of 2024 3. 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 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. 4. Consequently, the writ petition stands disposed of with a direction to the respondent-Tahsildar, Hassan Taluk, to - 5 - HC-KAR NC: 2026:KHC:4523 WP No. 24046 of 2024 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 great grandfather of the petitioner, shall be entered in the revenue records. The Tahsildar shall also verify the aspect of land claimed to be in possession of the petitioner's great grandfather and look into the registered sale deed dated 11.12.1964. Thereafter, the Tahsildar shall verify if the petitioner is the legal heir of Sri.Kenga S/o Sanna, and issue notice, hear all concerned parties. Thereafter, if it is found out that the petitioner is the legal heir of Sri.Kenga S/o Sanna, the Tahsildar shall proceed to enter the name of the petitioner with all other legal heirs as the case may be in accordance with law, in respect of the land to an extent which the petitioner would be in possession of in Sy.No.6/2 situated at Cheeranahalli Village, Dudda Hobli, Hassan Taluk and 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, if any. - 6 - HC-KAR NC: 2026:KHC:4523 WP No. 24046 of 2024 Ordered accordingly. 5. Learned High Court 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.: 31