Mrs.Jabeena Kouser S vs The State Of Karnataka
2026 Latest Caselaw 2780 Kant

Karnataka High Court

Mrs.Jabeena Kouser S vs The State Of Karnataka on 27 March, 2026

Author: R Devdas

Bench: R Devdas

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                                                   NC: 2026:KHC:17390
                                                   WP No. 831 of 2026


             HC-KAR




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 27TH DAY OF MARCH, 2026

                                     BEFORE
                        THE HON'BLE MR. JUSTICE R DEVDAS
                        WRIT PETITION NO. 831 OF 2026 (LR)

             BETWEEN:

             MRS. JABEENA KOUSER S.,
             AGED ABOUT 42 YEARS
             W/O. MR. SHAIK ABDUL JAVEED
             D/O. MR. SHABEER AHAMED
             RESIDING AT 4TH CROSS
             CEMENT ROAD, TIPPUNAGAR,
             RIGHT SIDE GOPALA EXTENSION
             SHIVAMOGAA - 577 205
             AADHAR NO.6784 0045 9742

             REPRESENTED BY HER
             DULY CONSTITUTED ATTORNEY HOLDER
             MR. SHABBEER AHAMED
             AGED ABOUT 71 YEARS
Digitally
signed by    S/O. MR. IBRAHIM SAB
CHAITHANYA   RESIDENT OF MADINA MAJID
K
             M.K.HATTY, KASABA HOBLI
Location:
HIGH COURT   CHITRADURGA - 577 502.
OF                                                       ...PETITIONER
KARNATAKA
             (BY SRI. JAI PRAKASH RAO, ADVOCATE)

             AND:

             1.    THE STATE OF KARNATAKA
                   DEPARTMENT OF REVENUE
                   VIDHANA SOUDHA
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                                            NC: 2026:KHC:17390
                                            WP No. 831 of 2026


HC-KAR




      VIDHANA VEEDHI ROAD
      BANGALORE- 560 001
      REPRESENTED BY THE
      REVENUE SECRETARY

2.    THE ASSISTANT COMMISSIONER
      CHITRADURGA SUB DIVISION
      CHITRADURGA TALUK
      CHITRADURGA DISTRICT - 577 502.

3.    THE THASILDAR
      CHITRADURGA TALUK
      CHITRADURGA DISTRICT
      CHITRADURGA - 577 501.
                                               ...RESPONDENTS
(BY SRI. V.SESHU, HCGP)


       THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE

ENTIRE RECORDS PERTAINING TO THE PROCEEDINGS FROM

THE      FILE    OF   THE    2ND     RESPONDENT     ASSISTANT

COMMISSIONER,         CHITRADURGA     SUB   DIVISION,   DATED

21.04.2017 IN LRM.79(A)CR/71/15-16 AND TO SET ASIDE THE

IMPUGNED ORDER DATED 21.04.2017 IN LRM.79(A)CR/71/15-

16 BY THE 2ND RESPONDENT - ANNEXURE-A AND ETC.


       THIS     PETITION,   COMING    ON    FOR   PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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                                          NC: 2026:KHC:17390
                                         WP No. 831 of 2026


HC-KAR




CORAM: HON'BLE MR. JUSTICE R DEVDAS


                          ORAL ORDER

Learned High Court Government Pleader is directed to

take 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.LRM.79(A)CR/71/15-16 dated

21.04.2017 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

remanding the matter back to the Assistant Commissioner

for fresh consideration after affording an opportunity of

hearing to the aggrieved person.

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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

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.

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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.

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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 21.04.2017, the same shall be restored in favour of the petitioner.

iv) The petitioner shall appear before the respondent-Assistant Commissioner on 17.04.2026, without waiting for further notice from the Assistant Commissioner.

Ordered accordingly.