Citation : 2026 Latest Caselaw 1687 Kant
Judgement Date : 23 February, 2026
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NC: 2026:KHC:11114
WP No. 10823 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 10823 OF 2025 (LR)
BETWEEN:
SRI. K. RAVI BABU
S/O K. PAPA RAO
AGED ABOUT 68 YEARS
R/AT NO. 1268, 13TH CROSS,
HEG RMV 2ND STAGE
BENGALURU - 560 094.
...PETITIONER
(BY SRI. NIKHIL V.B, ADVOCATE FOR
SRI. RAMAMURTHY H.S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed REPRESENTED BY SECRETARY,
by
SHARADAVANI REVENUE DEPARTMENT, M.S.BUILDING,
B
Location: High
Court of
DR. B.R. AMBEDAKAR VEEDI
Karnataka
BENGALURU - 560 001.
2. THE ASSISTANT COMMISSIONER
KOLLEGALA SUB-DIVISION,
KOLLEGALA - 571 440.
...RESPONDENTS
(BY SMT. NAVYS ASHEKHAR, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO A. TO CALL FOR
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WP No. 10823 of 2025
HC-KAR
THE RECORDS AND TO QUASH THE IMPUGNED ORDER DATE
COMMISSIONER/RESPONDENT NO.2 AS FOUND ANNEXURE-A,
IN 9.10.2007 IN NO.LRF NO-266 OF 2006-07 PASSED BY THE
ASSISTANT RESPECT OF THE SCHEDULE PROPERTY AND TO
RESTORE THE REVENUE ENTRIES TO THE NAME OF THE
PETITIONER IN RESPECT OF THE SCHEDULE PROPERTY AS PER
SALE DEED DATED 13.11.2006 AS FOUND AT ANNEXURE-B
AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
Learned Additional Government Advocate takes
notice for both the respondents.
2. This writ petition has been filed aggrieved by
the order passed by the Assistant Commissioner in
proceedings bearing No.L.R.F.266/2006-07 dated
09.10.2007 at Annexure-A.
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 submission of the
learned Counsels and on perusing the judgment of the co-
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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.
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
09.10.2007, the same shall be restored in favour of the petitioner.
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iv) The petitioner shall appear before the respondent-Assistant Commissioner on 13.03.2026, without waiting for further notice from the Assistant Commissioner.
Ordered accordingly.
Learned Additional Government Advocate is
permitted to file memo of appearance within a period of
four weeks from today.
Sd/-
(R DEVDAS) JUDGE
rv List No.: 1 Sl No.: 21
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