Sri. Mahadevaiah vs The State Of Karnataka
2025 Latest Caselaw 5767 Kant

Citation : 2025 Latest Caselaw 5767 Kant
Judgement Date : 19 August, 2025

Karnataka High Court

Sri. Mahadevaiah vs The State Of Karnataka on 19 August, 2025

Author: R Devdas

Bench: R Devdas

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                                                              NC: 2025:KHC:32294
                                                          WP No. 24653 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. 24653 OF 2025 (LR)
                   BETWEEN:

                   SRI. MAHADEVAIAH
                   S/O. KUNNINGAIAH
                   AGED ABOUT 57 YEARS,
                   R/O. ANKAHALLI VILLAGE,
                   HANGALA HOBLI,
                   GUNDLUPET TALUK
                   CHAMARAJANAGARA DISTRICT - 571 111.
                                                                     ...PETITIONER
                   (BY SMT. B.N. MANJULA, ADVOCATE
                    FOR SRI. NAGARAJA R.C., ADVOCATE)

                   AND:

                   1.    THE STATE OF KARNATAKA
                         REVENUE DEPARTMENT,
                         VIDHANA SOUDHA,
Digitally signed
                         DR. B.R. AMBEDKAR VEEDHI,
by JUANITA               BENGALURU - 560 001.
THEJESWINI
                         REPRESENTED BY ITS SECRETARY.
Location: HIGH
COURT OF
KARNATAKA          2.    THE ASSISTANT COMMISSIONER,
                         KOLLEGALA SUB-DIVISION,
                         CHAMARAJANAGAR DISTRICT - 571 440.

                   3.    THE THASILDHAR
                         GUNDLUPET TALUK,
                         GUNDLUPET - 571 11
                                                           ...RESPONDENTS
                   (BY SRI. MOHAMMED JAFFAR SHAH, AGA)
                        THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
                   THE    CONSTITUTION   OF   INDIA   PRAYING   TO   QUASH   THE
                               -2-
                                           NC: 2025:KHC:32294
                                       WP No. 24653 of 2025


HC-KAR



IMPUGNED ORDER PASSED IN LRF (79-A-79B) CR. 111/2017-18,
DATED 25.02.2020 BY THE R2 ASSISTANT COMMISSIONER
KOLLEGALA     SUB-DIVISION,       CHAMARAJANAGAR    DISTRICT
PRODUCED AT ANNEXURE-A AS ILLEGAL.

     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 petitioner is aggrieved by the order of

forfeiture dated 25.02.2020 passed by the Assistant

Commissioner, Kollegala Sub-Division, Chamarajanagara

District, 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 petitioner submits that

this is a case where the impugned order of forfeiture has

been passed by the Assistant Commissioner without notice

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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.

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

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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.

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

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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 Sections 79-A and 79-B of the Karnataka Land Reforms Act in Karnataka Amendment No.56 of 2020.