Karnataka High Court
Sri. A.P. Prasanna vs State Of Karnataka on 11 September, 2025
Author: R Devdas
Bench: R Devdas
-1-
NC: 2025:KHC:36099
WP No. 25710 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO.25710 OF 2025 (LR)
BETWEEN:
SRI A. P. PRASANNA
S/O. K. PARASAL REDDY
AGED ABOUT 47 YEARS
R/AT NO.99, 5TH CROSS
24TH MAIN ROAD, HSR LAYOUT
BENGALURU - 560 102.
...PETITIONER
(BY SRI RAMU S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS
SECRETARY TO GOVERNMENT
Digitally signed by
REVENUE DEPARTMENT,
JUANITA VIDHANA SOUDHA
THEJESWINI
BENGALURU - 560 001.
Location: HIGH
COURT OF
KARNATAKA
2. ASSISTANT COMMISSIONER
DODDABALAPURA SUB-DIVISION
D0DDABALAPURA - 561 203.
3. THE TAHSILDAR
HOSAKOTE TALUK
DODDABALAPURA - 561 203.
...RESPONDENTS
(BY SRI K. P. YOGANNA, A.G.A.)
-2-
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WP No. 25710 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER OF THE RESPONDENT-ASSISTANT
COMMISSIONER, DODDABALAPURA SUB-DIVISION, AT
ANNEXURE-B IN CASE NO. LRF.SR(H)100/2015-16 DATED
29.02.2020 IN DECLARING SALE DEED NO.HSK-1-11919/2012-
13 DATED 02.03.2013 AS VOID AT ANNEXURE - B AND A AND
RESTORE THE REVENUE RECORDS IN THE NAME OF
PETITIONER AND LAWFUL TITLE AND POSSESSION IN
RESPECT OF THE SCHEDULE PROPERTY AND ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
Learned Additional Government Advocate takes
notice for all the respondents.
2. The petitioner is aggrieved by the order of
forfeiture dated 29.02.2020 passed by the respondent-
Assistant Commissioner invoking the provisions of Section
83 of the Karnataka Land Reforms Act, 1961, for violation
of the provisions contained in Section 79A and 79B of the
Act.
3. Learned Counsel for the petitioner submits that
this is a case where the impugned order of forfeiture has
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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.
4. 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.
5. Admittedly, as on the date of the Karnataka Land
Reforms (Amendment) Ordinance, 2020, no proceedings
were pending before any court/authority.
6. 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
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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
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.
7. Having considered the submissions of the learned
Counsels and on perusing the judgment of the co-ordinate
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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.
8. 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 in Karnataka Amendment
No.56 of 2020.
iii) If revenue entries have been altered
pursuant to the impugned order dated
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29.02.2020 , the same shall be restored in
favour of the petitioner.
iv) The petitioner shall appear before the
respondent-Assistant Commissioner on 8th
October 2025, without waiting for further
notice from the Assistant Commissioner.
Ordered accordingly.
9. Learned Additional Government Advocate is
permitted to file memo of appearance within a period of
four weeks from today.
Sd/-
(R DEVDAS)
JUDGE
DL
CT:VC
