Karnataka High Court
Smt Deveeramma vs State Of Karnataka on 20 August, 2025
Author: R Devdas
Bench: R Devdas
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NC: 2025:KHC:32494
WP No. 23846 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 23846 OF 2023 (LR-)
BETWEEN:
1. SMT DEVEERAMMA
W/O LATE CHIKKAGURUVAIAH,
AGED 62 YEARS,
R/AT KANJUGARANAHALLI VILLAGE
BIDADI HOBLI, RAMANAGARA TALUK
RAMANAGARA DISTRICT - 562 109
2. SRI NAGARAJU
S/O LAET CHIKKAGURUVAIAH,
AGED 32 YEARS,
R/AT KANJUGARANAHALLI VILLAGE
BIDADI HOBLI, RAMANAGARA TALUK
RAMANAGARA DISTRICT - 562 109
3. SMT. SHIVARATHNAMMA
D/O LATE CHIKKAGURUVAIAH,
Digitally signed
by JUANITA AGED 42 YEARS,
THEJESWINI R/AT KANJUGARANAHALLI VILLAGE
Location: HIGH
COURT OF BIDADI HOBLI, RAMANAGARA TALUK
KARNATAKA RAMANAGARA DISTRICT - 562 109
4. SMT. YESHODHA ALIAS GURULAKSHMAMMA
D/O LATE CHIKKAGURUVAIAH,
AGED 40 YEARS,
R/AT KANJUGARANAHALLI VILLAGE
BIDADI HOBLI, RAMANAGARA TALUK
RAMANAGARA DISTRICT - 562 109
-2-
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WP No. 23846 of 2023
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5. SRI SHIVASHANKAR
S/O LATE CHIKKAGURUVAIAH,
AGED 38 YEARS,
R/AT KANJUGARANAHALLI VILLAGE
BIDADI HOBLI, RAMANAGARA TALUK
RAMANAGARA DISTRICT - 562 109
6. SMT. SUNDAMMA
D/O LATE CHIKKAGURUVAIAH,
AGED 36 YEARS
R/AT KANJUGARANAHALLI VILLAGE
BIDADI HOBLI, RAMANAGARA TALUK
RAMANAGARA DISTRICT - 562 109
7. SMT. NAGARATHNMMA
D/O LATE CHIKKAGURUVAIAH,
AGED 34 YEARS,
R/AT KANJUGARANAHALLI VILLAGE
BIDADI HOBLI, RAMANAGARA TALUK
RAMANAGARA DISTRICT - 562 109
...PETITIONERS
(BY SRI. B. M. LOKESH, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS REVENUE SECRETARY
VIDHANA SOUDHA, REVENUE DEPARTMENT
BENGALURU - 560 001.
2. THE ASSISTANT COMMISSIONER
RAMANAGARA SUB-DIVISION
RAMANAGARA - 562 159
3. TAHASILDHAR
CHANNAPATTANA TALUK,
RAMANAGAR DISTRICT - 562 160
...RESPONDENTS
(BY SRI. K. P. YOGANNA, AGA)
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WP No. 23846 of 2023
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDA PRAYING TO QUASH ORDER
DATED 07.08.2019 IN LRP 79 (A AND B) 12/2013-14 PASSED
BY THE 2ND RESPONDENT i.e., ASSISTANT COMMISSIONER,
RAMANAGARA SUB-DIVISION, RAMANAGARA AT ANNEXURE-G
AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, 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 petitioners are aggrieved by the order of
forfeiture dated 07.08.2019 passed by the Assistant
Commissioner, Ramanagara Sub-Division, Ramanagara,
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
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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
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
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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.
7. 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 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
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
07.08.2019, the same shall be restored in
favour of the petitioners.
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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
CT: UR
