Bhagya vs Assistant Commissioner
2025 Latest Caselaw 8160 Kant

Citation : 2025 Latest Caselaw 8160 Kant
Judgement Date : 9 September, 2025

Karnataka High Court

Bhagya vs Assistant Commissioner on 9 September, 2025

Author: R Devdas

Bench: R Devdas

                                             -1-
                                                        NC: 2025:KHC:35596
                                                     WP No. 32951 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.32951 OF 2024 (LR)

                BETWEEN:

                BHAGYA
                W/O. LATE NANJUNDA
                AGED ABOUT 51 YEARS
                R/AT K. R. SAGAR (VILLAGE)
                BELAGOLA (HOBLI), SRIRANGAPATNA (TALUK)
                MANDYA DISTRICT.
                                                             ...PETITIONER
                (BY SRI NANDISH PATIL, ADVOCATE)

                AND:

                1.     ASSISTANT COMMISSIONER
                       PANDAVAPURA SUB-DIVISION
                       PANDAVAPURA TOWN
                       MANDYA DISTRICT - 571 434.
Digitally signed by
DHARMALINGAM 2.        TAHSILDAR
Location: HIGH         K. R. PETE TALUK
COURT OF
KARNATAKA              PANDAVAPURA TOWN
                       MANDYA DISTRICT.
                                                           ...RESPONDENTS
                (BY SRI K. P. YOGANNA, A.G.A., FOR R-1 AND R-2)

                     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
                THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
                IMPUGNED ORDER DATED 27/03/2015 PASSED BY THE
                RESPONDENT      NO.1      IN     ENQUIRY     BEARING
                BHUSU:PARISHILANE:108/14-15 AS AGAINST THE PETITIONER
                IN ANNEXURE-B1, AND CONSEQUENTLY REVERT THE LAND TO
                THE PETITIONER.
                              -2-
                                          NC: 2025:KHC:35596
                                      WP No. 32951 of 2024


HC-KAR



     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 27.03.2015 passed by the 1st

respondent - Assistant Commissioner in No.BhuSu:

Parishilane:108/2014-15 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

for fresh consideration after affording an opportunity of

hearing to the aggrieved person.

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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

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

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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.

7. Accordingly, this Court proceeds to pass the

following:

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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.