[Cites 5, Cited by 0]
Karnataka High Court
Sri Rana George vs Tahasildar on 25 March, 2026
Author: R Devdas
Bench: R Devdas
-1-
NC: 2026:KHC:17082
WP No. 6935 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 6935 OF 2026 (LR)
BETWEEN:
SRI. RANA GEORGE
AGED ABOUT 38 YEARS,
S/O SRI. K.J.GEORGE,
RESIDING AT PENT HOUSE,
7TH FLOOR, ST.ANDREWS BUILDING,
EMBASSY GOLF LINK SOFTWARE BUSINESS PARK,
KORAMANAGALA, INDIRANAGAR
INTERMEDIATE ROAD,
BANGALORE - 560 071.
...PETITIONER
(BY SRI. SOMANNA K.P., ADVOCATE)
AND:
Digitally signed
by
SHARADAVANI 1. TAHASHILDAR
B
Location: High HEGGADA DEVANAKOTTE TALUK,
Court of
Karnataka MYSORE DISTRICT - 571 114.
2. ASSISTANT COMMISSIONER,
OFFICE OF ASSISTANT COMMISSIONER,
HUNSUR SUB-DIVISION,
HUNSUR - 571 105.
...RESPONDENTS
(BY SRI. V. SESHU, HCGP)
-2-
NC: 2026:KHC:17082
WP No. 6935 of 2026
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE
WRIT/ORDER/DIRECTION QUASHING THE ORDER BEARING
NO.MCR.07/11-12 DATED 10.06.2011 ISSUED BY R1 PASSED
UNDER SECTIONS 79A AND 79B OF THE KARNATAKA LAND
REFORMS ACT, 1961, IN RESPECT OF THE SCHEDULE
PROPERTY BEARING SY.NO.32 OF LAKKASOGE VILLAGE,
HUNSUR TALUK, MYSURU DISTRICT, PRODUCED 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
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HC-KAR
proceedings bearing No.L.R.F.120/11-12 dated
14.12.2011 at Annexure-B.
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
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.
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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
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
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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.
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
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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
14.12.2011, the same shall be restored in
favour of the petitioner.
iv) The petitioner shall appear before the
respondent-Assistant Commissioner on
15.04.2026, without waiting for further
notice from the Assistant Commissioner.
Ordered accordingly.
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.: 15
