Mohammad Asif vs State Of Karnataka
2025 Latest Caselaw 8169 Kant

Citation : 2025 Latest Caselaw 8169 Kant
Judgement Date : 9 September, 2025

Karnataka High Court

Mohammad Asif vs State Of Karnataka on 9 September, 2025

Author: R Devdas

Bench: R Devdas

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                                                              NC: 2025:KHC:35601
                                                           WP No. 14184 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.14184 OF 2024 (LR)

                      BETWEEN:

                      MOHAMMAD ASIF
                      S/O. MOHAMMAD ALEEM
                      AGED ABOUT 50 YEARS
                      RESIDING AT NO.54/1
                      N. S. PALYA, BTM LAYOUT
                      BENGALURU - 560 076.
                                                                       ...PETITIONER
                      (BY SRI SUBRAHMANYA KAUSHIK R. S., ADVOCATE)

                      AND:

                      1.    STATE OF KARNATAKA
                            REPRESENTED BY ITS PRINCIPAL SECRETARY
                            DEPARTMENT OF REVENUE
Digitally signed by
DHARMALINGAM                VIDHANA SOUDHA
Location: HIGH              BENGALURU - 560 001.
COURT OF
KARNATAKA
                      2.    ASSISTANT COMMISSIONER
                            MYSURU SUB-DIVISION
                            MYSURU - 570 001.

                      3.    TAHSILDAR
                            T. NARASIPURA TALUK
                            MYSURU DISTRICT - 571 124.
                                                                 ...RESPONDENTS
                      (BY SRI K. P. YOGANNA, A.G.A., FOR R-1 TO R-3)
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                                          NC: 2025:KHC:35601
                                      WP No. 14184 of 2024


HC-KAR




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
SETTING ASIDE ORDER DATED 21.12.2016 PASSED BY
RESPONDENT NO.2 IN CASE NO.LRF/79 (A) AND (B)119/2014-
15, PRODUCED AS ANNEXURE-D AND DIRECTION TO
RESPONDENT NO.3 TO FORTHWITH ENTER THE NAME OF THE
PETITIONER IN REVENUE RECORDS RELATING TO 20.08
GUNTAS OF LAND IN SY.NO.645/2, KODAGAHALLI VILLAGE,
BANNUR HOBLI, T. NARASIPURA TALUK, MYSURU DISTRICT.

    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 21.12.2016 passed by the 2nd

respondent - Assistant Commissioner in No.LRF/79(A) &

(B) 119/2014-15 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

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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

consistent opinion of this Court that if at any rate, the

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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

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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.