Karnataka High Court
Sri Prabhudev vs The State Of Karnataka on 29 August, 2025
Author: R Devdas
Bench: R Devdas
-1-
NC: 2025:KHC:33540
WP No. 10043 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 10043 OF 2025 (LR-)
BETWEEN:
SRI PRABHUDEV
S/O LATE KRISHNA MURTHY
AGED ABOUT 74 YEARS,
R/AT MADAVARA VILLAGE,
DASANAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU DISTRICT
...PETITIONER
(BY SRI. B R SRINIVASA GOWDA.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY DEPT. OF REVENUE
M S BUILDING, DR. AMBEDKAR VEEDHI,
BENGALAURU-560001.
Digitally signed
by
SHARADAVANI 2. THE ASSISTANT COMMISSIONER,
B BENGALURU NORTH SUB-DIVISION,
Location: High KANDAYA BHAVAN, BENGALURU- 560 009.
Court of
Karnataka ...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUING OF IMPUGNED
ORDER PASSED BY THE R-2 IN CASE NO. LRF(1) 37/95-96 DTD
5.08.2009 VIDE ANX-E.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
-2-
NC: 2025:KHC:33540
WP No. 10043 of 2025
HC-KAR
ORAL ORDER
The learned Additional Government Advocate takes notice
for the respondents.
2. The petitioner is aggrieved by the order of forfeiture
dated 5.8.2009 passed by the Assistant Commissioner,
Bengaluru North 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. The 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. The learned Additional Government Advocate points
out from the impugned order that notice was indeed issued to
NC: 2025:KHC:33540
HC-KAR
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 which 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 reached finality.
NC: 2025:KHC:33540
HC-KAR
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 Sections 79-A and
79-B of the Karnataka Land Reforms Act in
Karnataka Amendment No.56 of 2020.
NC: 2025:KHC:33540
HC-KAR
iii) If revenue entries have been altered pursuant
to the impugned order dated 05.08.2009, the
same shall be restored in favour of the
petitioner.
iv) The petitioner shall appear before the
respondent-Assistant Commissioner on 20 th
September, 2025, without waiting for further
notice from the Assistant Commissioner.
Ordered accordingly.
Sd/-
(R DEVDAS)
JUDGE
Bkm
