Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:13567 WP No. 38487 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 38487 OF 2025 (KLR-RES) BETWEEN:
MR.SELVIKUMAR T S/O LATE AROGIYAMMA AGED ABOUT 45 YEARS R/AT MAROHALLI VILLAGE, KASABA HOBLI, NELAMANAGALA TALUK 562 123. …PETITIONER (BY SRI.MALLIKARJUN N.K., ADVOCATE FOR SRI. SAMPATH A., ADVOCATE) AND:
1. STATE OF KARNATAKA REPTD. BY ITS SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU-560-001. 2. TAHSILDAR NELAMANGALA TALUK NELAMANGALA 562 123. …RESPONDENTS (BY SMT.B.P.RADHA, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT DTD 13.06.2024 BY THE R-2 - TAHSILDHAR VIDE ANNX-A AND ETC. Digitally signed by SHARADAVANI B Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2026:KHC:13567 WP No. 38487 of 2025
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 petitioners is in respect of the land measuring 01 acres and 17 guntas in Sy.No.46/1 situated at Marohalli Village, Kasaba Hobli, Nelamangala Taluk, which was granted in favour of petitioner's mother Smt.Arogiyamma under darkasth proceedings. Due to non-payment of the land revenue to the Government, the land has been classified as pada. Though the name of the petitioner's mother was found in the RTC, her name is not continued in the RTC extracts and it is shown as 'SARKARI PADA' and forfeiture of the lands were done pursuant to the khathedars failing to pay the land revenue. Therefore, petitioner gave representation dated removal of the entry of ‘SARKARI PADA' and to enter the name of petitioner's mother Smt.Arogiyamma and subsequently, to
- 3 -
HC-KAR NC: 2026:KHC:13567 WP No. 38487 of 2025 enter the name of the petitioner, being her legal heir, in the RTC. 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 -
HC-KAR NC: 2026:KHC:13567 WP No. 38487 of 2025
4. Consequently, the writ petition is disposed of with a direction to the respondent-Tahsildar, Nelamangala Taluk, to look into the grant made in favour of petitioner's mother. If it is found that the same was made, the Tahsildar shall verify the grant register and check all relevant records to satisfy himself of the same. Thereafter he shall 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 Smt.Arogiyamma shall be entered in the revenue records. Thereafter, the Tahsildar shall find out who are the legal heirs of Smt.Arogiyamma, and after satisfying himself the name of the legal heirs shall be entered in respect of the land measuring 01 acres 17 guntas in Sy.No.46/1 situated at Marohalli Village, Kasaba Hobli, Nelamangala Taluk, in column No.9 of the RTC within a period of two months from the date of payment of the arrears of land revenue, in accordance with law. - 5 -
HC-KAR NC: 2026:KHC:13567 WP No. 38487 of 2025
5.
Learned Additional Government Advocate 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.: 2