Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:4081 WP No. 37257 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 37257 OF 2025 (LR) BETWEEN:
SIDDEGOWDA @ PUTTASWAMY S/O LATE NINGEGOWDA AGED ABOUT 73 YEARS OCC: AGRICULTURIST RESIDING AT BEVOOR VILLAGE AND POST, MALUR HOBLI, CHANNAPATNA TALUK RAMANAGAR DISTRICT, BENGALURU - 562 108. …PETITIONER (BY SRI. ROHITH C, ADVOCATE FOR SRI. S.V. PRAKASH, ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001.
2.
THE ASSISTANT COMMISSIONER, RAMANAGARA SUB-DIVISION, (RAMANAGARA DISTRICT) BENGALURU SOUTH DISTRICT - 562 159.
3.
THE TAHSILDAR,
Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:4081 WP No. 37257 of 2025
RAMANAGARA TALUK, RAMANAGARA - 562 159. …RESPONDENTS (BY SMT. NAVYA SHEKKHAR, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A.ISSUE A WRIT OF CERTIORARI AND QUASH THE ORDERS DATED.30.11.2013 PASSED BY THE SECOND RESPONDENT PROCEEDINGS NO.L.R.F.79(A)(B)(R).247/2008-09 RESPECT OF THE LAND COMPRISING IN SY. NO.141/2 MEASURING 32 GUNTAS SITUATED AT KENCHANAKUPPE VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT (BENGALURU SOUTH DISTRICT) UNDER THE REGISTERED SALE DEEDS DATED. 05.05.2008 VIDE ANNX-D WHICH IS REGISTERED IN THE OFFICE OF SUB-REGISTRAR, RAMANAGARA DOCUMENT NO.RMN-1-00449-08/09 WAS FORFEITED TO STATE GOVERNMENT FOR ALLEGED VIOLATION OF SECTIONS 79-A AND 79-B OF KARNATAKA LAND REFORMS ACT, 1961 PRODUCED AS PER ANNEXURE-F TO THE WRIT PETITION 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. This writ petition has been filed aggrieved by the order passed by the Assistant Commissioner in
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HC-KAR NC: 2026:KHC:4081 WP No. 37257 of 2025
proceedings bearing No.L.R.F.79(A)(B)(R)247/2008-09 dated 30.11.2013 at Annexure-F.
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.
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HC-KAR NC: 2026:KHC:4081 WP No. 37257 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
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HC-KAR NC: 2026:KHC:4081 WP No. 37257 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
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HC-KAR NC: 2026:KHC:4081 WP No. 37257 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 30.11.2013, the same shall be restored in favour of the petitioner. iv) The petitioner shall appear before the respondent-Assistant Commissioner on 09.02.2026, 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.: 6