Sri. A.P. Prasanna vs State Of Karnataka
2025 Latest Caselaw 8332 Kant

Citation : 2025 Latest Caselaw 8332 Kant
Judgement Date : 12 September, 2025

Karnataka High Court

Sri. A.P. Prasanna vs State Of Karnataka on 12 September, 2025

Author: R Devdas

Bench: R Devdas

                                                   -1-
                                                            NC: 2025:KHC:36359
                                                         WP No. 25707 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.25707 OF 2025 (LR)

                      BETWEEN:

                            SRI A. P. PRASANNA
                            S/O. K. PARASAL REDDY
                            AGED ABOUT 47 YEARS
                            R/A NO.99, 5TH CROSS
                            24TH MAIN ROAD, HSR LAYOUT
                            BENGALURU - 560 102.
                                                                    ...PETITIONER
                      (BY SRI RAMU S., ADVOCATE)

                      AND:

                      1.    STATE OF KARNATAKA
                            REP. BY ITS SECRETARY TO GOVERNMENT
                            REVENUE DEPARTMENT
Digitally signed by
JUANITA                     VIDHANA SOUDHA
THEJESWINI                  BENGALURU - 560 001.
Location: HIGH
COURT OF
KARNATAKA             2.    ASSISTANT COMMISSIONER
                            DODDABALAPURA SUB-DIVISION
                            DODDABALAPURA - 561 203.

                      3.    THE TAHSILDAR
                            HOSAKOTE TALUK
                            DODDABALAPURA - 561 203.
                                                                  ...RESPONDENTS
                      (BY SRI K. P. YOGANNA, A.G.A.)
                               -2-
                                           NC: 2025:KHC:36359
                                     WP No. 25707 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 ASSISTANT COMMISSIONER,
DODDABALAPURA SUB-DIVISION, AT ANNEXURE-B IN CASE
NO.IN LRF.SR(H) 307/2015-16 DATED 29.02.2020 IN
DECLARING SALE DEED NO.HSK-1-06515/2014-15 DATED
03.12.2014 AS VOID AND RESTORE THE REVENUE RECORDS
IN THE NAME OF PETITIONER AND LAWFUL TITLE AND
POSSESSION IN RESPECT OF THE SCHEDULE PROPERTY.

    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 Sections 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

been passed by the Assistant Commissioner without notice

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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 AGA 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

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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 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.

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.