Karnataka High Court
Sri D S Nagaraja vs The Assistant Commissioner on 9 September, 2025
Author: R Devdas
Bench: R Devdas
-1-
NC: 2025:KHC:35599
WP No. 25161 of 2023
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.25161 OF 2023 (LR)
BETWEEN:
SRI D. S. NAGARAJA
S/O. D. C. SUBBARAYAPPA
AGED ABOUT 55 YEARS
R/AT HUGANAVADI VILLAGE
KASABA HBLI, DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT - 562 110.
...PETITIONER
(BY SRI VARUN KUMAR K. R., ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER
DODDABALLAPURA SUB-DIVISION
DODDABALLAPURA - 561 203.
Digitally signed by 2. THE TAHSILDAR
DHARMALINGAM DEVANAHALLI TALUK
Location: HIGH BENGALURU RURAL DISTRICT - 561 203.
COURT OF
KARNATAKA ...RESPONDENTS
(BY SRI K. P. YOGANNA, A.G.A., FOR R-1 AND R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 01.09.2018 PASSED BY
RESPONDENT NO.1 IN L.R.F:SR (DE) NO.06/2012-13 WITH
RESPECT OF THE LAND BEARING SURVEY NO.112 MEASURING
TO AN EXTENT OF 35 GUNTAS SITUATED AT HUGANAVADI
VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU
RURAL DISTRICT VIDE ANNEXURE-B AND ETC.
-2-
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WP No. 25161 of 2023
HC-KAR
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 01.09.2018 passed by the
respondent - Assistant Commissioner in L.R.F:SR(DE)
No.06/2012-13 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:
ORDER
i) The writ petition is disposed of.
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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.
iii) If revenue entries have been altered
pursuant to the impugned order dated
01.09.2018, the same shall be restored in
favour of the petitioner.
iv) The petitioner shall appear before the
respondent-Assistant Commissioner on
26.09.2025, without waiting for further
notice from the Assistant Commissioner.
Ordered accordingly.
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8. Learned Additional Government Advocate is
permitted to file his memo of appearance within a period
of four weeks from today.
Sd/-
(R DEVDAS)
JUDGE
KLY
CT:VC
