Karnataka High Court
Smt Tayiba Anees vs The State Of Karnataka on 19 August, 2025
Author: R Devdas
Bench: R Devdas
-1-
NC: 2025:KHC:32296
WP No. 24717 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. 24717 OF 2025 (LR-)
BETWEEN:
SMT TAYIBA ANEES
AGED ABOUT 56 YEARS,
W/O MOHAMMED ANEES
R/AT NO.2/7, SPENCER ROAD,
FRAZER TOWN,
BANGALORE - 560 005.
...PETITIONER
(BY SRI. SAMARTH MURTHY, ADVOCATE FOR
SRI. S.G. MUNISWAMY GOWDA, ADVOCATE)
AND:
Digitally signed
by JUANITA 1. THE STATE OF KARNATAKA
THEJESWINI
Location: HIGH REPRESENTED BY ITS PRINCIPAL SECRETARY,
COURT OF DEPARTMENT OF REVENUE,
KARNATAKA
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE ASSISTANT COMMISSIONER
THE OFFICE OF THE ASSISTANT COMMISSIONER
HUSUR SUB DIVISION,
HUNSUR - 571 105.
MYSORE DISTRICT
-2-
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3. THE TAHSILDAR
TALUK OFFICE,
HUNSUR TALUK,
HUSUR - 571 105.
MYSORE DISTRICT.
...RESPONDENTS
(BY SRI. MOHAMMAD JAFFAR SHAH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT
IN THE NATURE OF CERTIORARI AND QUASH THE ORDER
DATED 29.02.2020 PASSED BY THE 2ND RESPONDENT IN LRF
NO. 220/2016-17, VIDE ANNEXURE-D 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. The petitioner is aggrieved by the order of
forfeiture dated 29.02.2020 passed by the Assistant
Commissioner, Hunsur Sub-Division, Hunsur, under the
provisions of Section 83 for violation of the provisions
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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
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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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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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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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 petitioner.
iv) The petitioner 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
