C Sethu vs State Of Karnataka
2025 Latest Caselaw 8159 Kant

Citation : 2025 Latest Caselaw 8159 Kant
Judgement Date : 9 September, 2025

Karnataka High Court

C Sethu vs State Of Karnataka on 9 September, 2025

Author: R Devdas

Bench: R Devdas

                                                  -1-
                                                              NC: 2025:KHC:35595
                                                           WP No. 22529 of 2024


                      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.22529 OF 2024 (LR)

                      BETWEEN:

                      C. SETHU
                      S/O. CHINNATAMBI
                      AGED ABOUT 45 YEARS
                      R/AT SADAHALLI VILLAGE
                      DEVANAHALLI TALUK
                      BENGALURU RURAL DISTRICT - 562 110.
                                                                       ...PETITIONER
                      (BY SRI M. JAI PRAKASH REDDY, ADVOCATE)

                      AND:

                      1.    STATE OF KARNATAKA
                            REP. BY ITS SECRETARY TO THE
Digitally signed by         REVENUE DEPARTMENT
DHARMALINGAM                M. S. BUILDING, AMBEDKAR VEEDHI
Location: HIGH              BENGALURU - 560 001.
COURT OF
KARNATAKA
                      2.    ASSISTANT COMMISSIONER
                            CHIKKABALLAPURA SUB-DIVISION
                            CHIKKABALLAPURA - 562 101.

                      3.    TAHSILDAR
                            CHIKKABALLAPURA TALUK
                            CHIKKABALLAPURA - 562 101.
                                                                 ...RESPONDENTS
                      (BY SRI K. P. YOGANNA, A.G.A., FOR R-1 TO R-3)
                              -2-
                                          NC: 2025:KHC:35595
                                       WP No. 22529 of 2024


HC-KAR



    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDERS PASSED BY THE RESPONDENT NO.2
DATED 02/12/2015 IN LRF.NO.79AB: CR.373/2007-08 VIDE
ANNEXURE-C AND ALLOW THIS WRIT PETITION.

     THIS WRIT PETITION IS COMING ON FOR ORDERS, 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 02.12.2015 passed by the 2nd

respondent - Assistant Commissioner in LRF

No.79AB:CR:373/2007-08 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

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

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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

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

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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

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

ordinate bench should also enure to the petitioner herein.

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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.