Karnataka High Court
Smt Venkatamma vs The Government Of Karnataka on 19 August, 2025
Author: R Devdas
Bench: R Devdas
-1-
NC: 2025:KHC:32281
WP No. 19553 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. 19553 OF 2025 (LR)
BETWEEN:
1. SMT. VENKATAMMA
W/O. LATE THIMMAPPA,
AGED ABOUT 59 YEARS,
2. SRI. B.T. NAGARAJU,
S/O. LATE SRI THIMMAPPA,
AGED ABOUT 37 YEARS
3. SRI. B.T. VIJAYAKUMAR,
S/O. LATE SRI THIMMAPPA,
AGED ABOUT 33 YEARS
Digitally signed
by JUANITA
THEJESWINI ALL ARE RESIDING AT NO.43,
Location: HIGH MARAMMA TEMPLE CIRCLE,
COURT OF
KARNATAKA BYALALU VILLAGE,
CHUNCHANAKUPPE POST,
TAVEREKERE HOBLI,
BENGALURU SOUTH TALUK - 562 130
...PETITIONERS
(BY SRI. DHANANJAYA C.P., ADVOCATE)
-2-
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WP No. 19553 of 2025
HC-KAR
AND:
1. THE GOVERNMENT OF KARNATAKA
REP BY IT'S PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE ASSISTANT COMMISSIONER AND
THE SUB-DIVISIONAL MAGISTRATE,
BENGALURU SOUTH SUB-DIVISION,
BENGALURU - 560 001
3. THE TAHASILDAR,
BENGALURU SOUTH TALUK,
BENGALURU - 560 001
...RESPONDENTS
(BY SRI. K.P. YOGANNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-
QUASH THE IMPUGNED ORDER DATED 03.11.2017 PASSED IN
PROCEEDINGS BEARING NO. LRF(83)(T)45/2015-16, BY THE
R-2 WHICH IS PRODUCED AS ANNEXURE - A 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.
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2. The petitioners are aggrieved by the order of
forfeiture dated 03.11.2017 passed by the Assistant
Commissioner, Bengaluru South Sub-Division, Bengaluru,
under the provisions of Section 83 for violation of the
provisions contained in Sections 79-A and 79-B of the
Karnataka Land Reforms Act, 1961.
3. Learned Counsel for the petitioners submits that
this is a case where the impugned order of forfeiture has
been passed by the Assistant Commissioner without notice
to the petitioners. 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 petitioners and in spite of notice having been
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issued, the petitioners did not appear before the Assistant
Commissioner.
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
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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.
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 petitioners 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
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consider the case of the petitioners 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
29.02.2020, the same shall be restored in
favour of the petitioners.
iv) The petitioners shall appear before the
respondent-Assistant Commissioner on
08.09.2025, 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
