Karnataka High Court
R.Sathiyamurthy vs The State Of Karnataka on 12 September, 2025
Author: R Devdas
Bench: R Devdas
-1-
NC: 2025:KHC:36290
WP No. 5786 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 5786 OF 2025 (LR)
BETWEEN:
R.SATHIYAMURTHY,
S/O. LATE R.D.RAMAMURTHY,
AGED ABOUT 67 YEARS,
R/AT NO.6Y/36, 59TH CROSS,
3RD BLOCK, RAJAJINAGAR,
BANGALORE - 560 010.
...PETITIONER
(BY SRI. DEVARAJ N.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
Digitally signed DR. AMBEDKAR ROAD,
by
SHARADAVANI B BANGALORE - 560 001.
Location: High
Court of
Karnataka 2. THE ASSISTANT COMMISSIONER,
REVENUE, DODABALLAPURA SUB-DIVISION,
DODABALLAPURA - 561 203.
3. THE TAHSILDAR,
MINI VIDHANA SOUDHA,
DEVANAHALLI TALUK,
DEVANAHALLI - 562 110.
...RESPONDENTS
(BY SRI. K. P. YOGANNA., AGA)
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NC: 2025:KHC:36290
WP No. 5786 of 2025
HC-KAR
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD. 31.08.2018 PASSED IN CASE NO.LRF(D)S.R 182/2013-14
BY THE R-2 WHICH IS PLACED AT ANNX-D.
THIS PETITION, 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. This writ petition has been filed aggrieved by
the order passed by the Assistant Commissioner in
proceedings bearing No.LRF SR(D):182/2013-14 dated
31.08.2018 at Annexure-D.
3. 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
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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
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
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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 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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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
31.08.2018, 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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Learned Additional Government Advocate is
permitted to file memo of appearance within a period of
four weeks from today.
Sd/-
(R DEVDAS)
JUDGE
AMA
