[Cites 5, Cited by 0]
Karnataka High Court
Smt. Shivamma vs State Of Karnataka on 22 January, 2026
Author: R Devdas
Bench: R Devdas
-1-
NC: 2026:KHC:3783
WP No. 36540 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 36540 OF 2025 (LR-)
BETWEEN:
SMT. SHIVAMMA
W/O THIMMAPPA,
AGED ABOUT 52 YEARS,
AGRICULTURIST,
NO.890, RAGGI GUDDDA,
2ND CROSS, J.P.NAGARA,
BENGALURU- 560078
...PETITIONER
(BY SRI. SATISHCHANDRA R., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY IT'S
ADDITIONAL CHIEF SECRETARY,
Digitally signed REVENUE DEPARTMENT,
by
SHARADAVANI B 4TH FLOOR, GATE NO.3,
Location: High M S BUILDING, BENGALURU-560001.
Court of
Karnataka
2. THAHASHILDAR,
RAMANAGARA TALUK-562159
3. THE ASSISTANT COMMISSIONER,
RAMANAGARA SUB-DIVISION,
RAMANAGARA -562159.
...RESPONDENTS
(BY SRI. SESHU V., HCGP)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO a). QUASH THE
-2-
NC: 2026:KHC:3783
WP No. 36540 of 2025
HC-KAR
IMPUGNED ORDER NO CASE NO. LRF 79 (A)AND(B)26/2019-
20 DATED 18-12-2019 PASSED BY THE 3ND RESPONDENT IS
HEREWITH PRODUCED AND MARKED AS ANNEXURE-A AND
ETC.
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 High Court Government Pleader 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.(79)(A and B):26/2019-20
dated 18.12.2019 at Annexure-A.
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
NC: 2026:KHC:3783
HC-KAR
remanding the matter back to the Assistant Commissioner
for fresh consideration after affording an opportunity of
hearing to the aggrieved person.
4. Learned High Court Government Pleader 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
NC: 2026:KHC:3783
HC-KAR
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 petitioner.
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.
NC: 2026:KHC:3783
HC-KAR
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
18.12.2019, the same shall be restored in
favour of the petitioner.
iv) The petitioner shall appear before the
respondent-Assistant Commissioner on
12.02.2026, without waiting for further
notice from the Assistant Commissioner.
Ordered accordingly.
NC: 2026:KHC:3783
HC-KAR
Learned High Court Government Pleader is permitted
to file memo of appearance within a period of four weeks
from today.
Sd/-
(R DEVDAS)
JUDGE
GPG
List No.: 1 Sl No.: 2
