[Cites 5, Cited by 0]
Karnataka High Court
Smt. Jayamma vs The State Of Karnataka on 11 March, 2026
Author: R Devdas
Bench: R Devdas
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NC: 2026:KHC:14628
WP No. 5707 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 5707 OF 2026 (LR)
BETWEEN:
1. SMT. JAYAMMA
W/O SRI.NATARAJ
AGED ABOUT 80 YEARS,
R/AT HOSAKERI, BHEEMANAGAR,
OLD BENGALURU ROAD,
KASABAKOLLEGAL TOWN,
KOLLEGAL TALUK,
CHAMARAJANAGAR DISTRICT.
2. SRI.S.NATARAJ,
S/O LATE MODISHIVANAIAH,
AGED ABOUT 77 YEARS,
R/AT FLAT NO.118, APARTMENT,
Digitally ANNAPOORNESWARI NAGARA MAIN ROAD,
signed by 9TH CROSS NAGARBHAVI,
CHAITHANYA
BENGALURU-560 091.
K
...PETITIONERS
Location:
HIGH COURT (BY SRI. A.MADHUSUDHANA RAO, ADVOCATE)
OF
KARNATAKA AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
REVENUE DEPARTMENT
M.S.BUILDING,
BENGALURU - 560 001.
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2. THE ASSISTANT COMMISSIONER
KOLLEGAL SUB-DIVISION,
KOLLEGAL.
3. THE TAHSILDAR
KOLLEGAL SUB-DIVISION,
KOLLEGAL
...RESPONDENTS
(BY SMT. B.P. RADHA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED ORDER DATED 10.02.2015 PASSED BY
RESPONDENT NO.2 IN LRF.NO.10/2014-15, PRODUCED AT
ANNEXURE-'K' AND ALLOW THIS WRIT PETITIONWITH COSTS,
AND GRANT SUCH OTHER RELIEFS THAT THIS HON'BLE COURT
DEEMS FIT TO GRANT, UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 5707 of 2026
HC-KAR
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:10/2014-15 dated
10.02.2015 at Annexure-K.
3. Learned counsel for the petitioners submits that
this is a case where the impugned order of forfeiture has
been passed by the Assistant Commissioner without notice
to the petitioners. 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
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issued to the petitioners and in spite of notice having been
issued, the petitioners 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
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
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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 petitioners
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
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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
10.02.2015, the same shall be restored in
favour of the petitioners.
iv) The petitioners shall appear before the
respondent-Assistant Commissioner on
01.04.2026, 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
GPG
List No.: 1 Sl No.: 6
