Karnataka High Court
Sri.Girishankar vs The State Of Karnataka on 19 August, 2025
Author: R Devdas
Bench: R Devdas
-1-
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WP No. 16544 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 16544 OF 2025 (LR)
BETWEEN:
SRI.GIRISHANKAR
S/O MAHADEVAPPA
AGED ABOUT 44 YEARS,
R/A NO. 733, 2ND MAIN,
2ND CROSS, E BLOCK,
BEHIND SUBRAMANYA NAGAR
POLICE STATION,
RAJAJINAGAR 2ND STAGE,
BENGALURU-560010.
...PETITIONER
(BY SMT. PUSHPALATHA.Y., ADVOCATE FOR
SRI. KASHINATH J D., ADVOCATE)
Digitally signed by
JUANITA
THEJESWINI AND:
Location: HIGH
COURT OF
KARNATAKA
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M.S. BUILDING, DR. B.R AMBEDKAR STREET,
BENGALURU-560001.
REP. BY ITS PRINCIPLE SECRETARY
2. THE ASSISTANT COMMISSIONER
MANDYA SUB-DIVISION,
MANDYA-571401.
-2-
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3. THE TAHSILDAR
MALAVALLI TALUK,
MANDYA DISTRICT-571430.
...RESPONDENTS
(BY SRI. SESHU.V., HCGP FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
PASSED BY THE RESPONDENT NO.1 IN NO.L.R.F.239 2014-15
DATED 08-11-2016 AS PER ANNEXURE-A AS ILLEGAL AND
VIOLATIVE PRINCIPLES OF NATURAL JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
The petitioner is aggrieved by the order of forfeiture
dated 08.11.2016 passed by the respondent-Assistant
Commissioner invoking the provisions of Section 83 of the
Karnataka Land Reforms Act, 1961 for violation of the
provisions contained in Section 79A and 79B of the Act.
2. Learned Counsel for the petitioner submits that
this is a case where the impugned order of forfeiture has
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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.
3. 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.
4. Admittedly, as on the date of the Karnataka Land
Reforms (Amendment) Ordinance, 2020, no proceedings
were pending before any court/authority.
5. 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
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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
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.
6. Having considered the submission of the learned
Counsels and on perusing the judgment of the co-ordinate
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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.
7. 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
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
08.11.2016, the same shall be restored in
favour of the petitioner.
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iv) The petitioner shall appear before the
respondent-Assistant Commissioner on 10th
September 2025, without waiting for
further notice from the Assistant
Commissioner.
Ordered accordingly.
Pending I.As., if any, stand disposed of.
Sd/-
(R DEVDAS)
JUDGE
JT/-
CT: JL
