- 1 - HC-KAR NC: 2026:KHC:63 WP No. 30891 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 30891 OF 2025 (LR) BETWEEN: SRI. B.N. NAGESH @ N. STRAVAN SHREYAS S/O NANJUNDAPPA AGED ABOUT 47 YEARS AGRICULTURIST R/AT NO. 89, BILISHIVALE VILLAGE DODDAGUBBI POST, BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU - 560 049. …PETITIONER (BY SRI. VINAY KUMAR G.S, ADVOCATE FOR SRI. V.F. KUMBAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. OFFICE BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001 REPRSENTED BY ITS PRINCIPAL SECRETARY. 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION AT DODDABALLAPUR 1ST FLOOR, MINI VIDHANA SOUDHA Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:63 WP No. 30891 of 2025 TALUK OFFICE, DODDABALLAPURA DODDABALLAPURA TOWN, BENGALURU RURAL DISTRICT - 561 203. 3. THE TAHASILDAR DEVANAHALLI TALUK MINI VIDHANA SOUDHA DEVANAHALLI TOWN BENGALURU RURAL DISTRICT - 562 110. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE ORDER PASSED BY RESPONDENT NO.02 IN L.R.F. S.R. (D) 267/2009- 10 DATED 31.08.2018 VIDE AT ANNEXURE-E AS PER THE ORDINANCE ISSUED BY THE GOVERNMENT OF KARNATAKA IN KARNATAKA LAND REFORMS (AMENDMENT) ORDINANCE 2020 PUBLISHED IN THE SPECIAL GAZETTE DATED 13.07.2020 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. - 3 - HC-KAR NC: 2026:KHC:63 WP No. 30891 of 2025 2. This writ petition has been filed aggrieved by the order passed by the Assistant Commissioner in proceedings bearing No.L.R.F.SR(D):267/2009-10 dated 31.08.2018 at Annexure-E. 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 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 petitioner and in spite of notice having been issued, the petitioner did not appear before the Assistant Commissioner. - 4 - HC-KAR NC: 2026:KHC:63 WP No. 30891 of 2025 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 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 - 5 - HC-KAR NC: 2026:KHC:63 WP No. 30891 of 2025 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. 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 petitioner including the consequences of the subsequent amendment brought to the provisions of - 6 - HC-KAR NC: 2026:KHC:63 WP No. 30891 of 2025 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 31.08.2018, the same shall be restored in favour of the petitioner. iv) The petitioner shall appear before the respondent-Assistant Commissioner on 28.01.2026, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 13