Sri B C Siddegowda vs State Of Karnataka
2025 Latest Caselaw 8154 Kant

Citation : 2025 Latest Caselaw 8154 Kant
Judgement Date : 9 September, 2025

Karnataka High Court

Sri B C Siddegowda vs State Of Karnataka on 9 September, 2025

Author: R Devdas

Bench: R Devdas

                                                  -1-
                                                               NC: 2025:KHC:35597
                                                           WP No. 15520 of 2021


                      HC-KAR



                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 9TH DAY OF SEPTEMBER, 2025

                                                BEFORE
                                 THE HON'BLE MR. JUSTICE R DEVDAS
                                WRIT PETITION NO.15520 OF 2021 (LR)

                      BETWEEN:

                      SRI B. C. SIDDEGOWDA
                      S/O. LATE CHANNEGOWDA
                      AGED ABOUT 65 YEARS
                      R/O. ARAKERE VILLAGE
                      ARAKERE HOBLI, SRIRANGAPATNA TALUK
                      MANDYA DISTRICT - 571 445.
                                                                    ...PETITIONER
                      (BY SRI AKARSH KUMAR GOWDA, ADVOCATE)
                      AND:

                      1.    STATE OF KARNATAKA
                            REP. BY ITS PRINCIPAL SECRETARY/
                            COMMISSIONER
                            REVENUE DEPARTMENT
Digitally signed by
DHARMALINGAM                M. S. BUILDING, 5TH FLOOR
Location: HIGH              DR. AMBEDKAR VEEDHI
COURT OF
KARNATAKA                   BENGALURU - 560 001.

                      2.    THE ASSISTANT COMMISSIONER
                            PANDAVAPURA SUB-DIVISION
                            PANDAVAPURA - 571 434.

                      3.    THE TAHSILDAR
                            PANDAVAPURA TALUK
                            MANDYA DISTRICT - 571 434.
                                                                  ...RESPONDENTS
                      (BY SRI K. P. YOGANNA, A.G.A.)
                              -2-
                                          NC: 2025:KHC:35597
                                      WP No. 15520 of 2021


HC-KAR



     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 23.7.2018 PASSED BY THE
RESPONDENT NO.2 IN PROCEEDINGS NO.LRF(SRI)111/2016-
17 FORFEITING 1 ACRE 20 GUNTAS OF AGRICULTURAL LAND
COMPRISED IN SY. NO.1124/9 OF ARAKERE VILLAGE,
ARAKERE HOBLI, SRIRANGAPATNA TALUK AND MANDYA
DISTRICT ON THE ALLEGED VIOLATION OF SECTIONS 79-A
AND 79-B OF THE KARNATAKA LAND REFORMS ACT, 1961
PRODUCED AS PER ANNEXURE-K TO THE WRIT PETITION AND
AWARD THE COST OF THIS PROCEEDINGS.

    THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R DEVDAS


                       ORAL ORDER

This writ petition was filed by the petitioner being

aggrieved of the order dated 23.07.2018 passed by the 2nd

respondent - Assistant Commissioner in No.LRF.(SRI)

111/2016-17 in terms of Sections 79A and 79B of the

Karnataka Land Reforms Act, 1961.

2. 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

NC: 2025:KHC:35597

HC-KAR

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.

3. 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.

4. Admittedly, as on the date of the Karnataka Land

Reforms (Second Amendment) Act, 2020, no proceedings

were pending before any court/authority.

5. 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

NC: 2025:KHC:35597

HC-KAR

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.

6. 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

NC: 2025:KHC:35597

HC-KAR

and therefore, the benefit of the decision of the co-

ordinate bench should also enure to the petitioner herein.

7. 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, 1961 in Karnataka

(Second Amendment) Act No.56 of 2020.