Full Judgment Text
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NC: 2026:KHC:6290
WP No. 38608 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 2 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 38608 OF 2025 (LR)
BETWEEN:
SRI. K.M. PRASANNA KUMAR
S/O LATE K.C. MALLAPPA REDDY,
AGED ABOUT 52 YEARS,
RESIDING AT NO. 153, 19TH MAIN,
6TH BLOCK, KORAMANGALA,
BENGALURU - 562 095.
…PETITIONER
(BY SRI. SANDESH G.R, ADVOCATE FOR
SRI. JAYARAJ D.S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY CHIEF SECRETARY,
REVENUE DEPARTMENT, M.S. BUILDING,
VIDHANA SOUDHA, AMBEDKAR VEEDHI,
BENGALURU - 560 001.
Digitally signed
by
SHARADAVANI
B
Location: High
Court of
Karnataka
2. THE ASSISTANT COMMISSIONER,
DODDABALLAPURA SUB DIVISION,
DODDABALLAPURA,
BENGALURU RURAL DISTRICT,
KARNATAKA - 561 203.
3.
THE TAHSILDAR
HOSKOTE TALUK,
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NC: 2026:KHC:6290
WP No. 38608 of 2025
HC-KAR
BENGALURU RURAL DISTRICT,
KARNATAKA - 562 114.
…RESPONDENTS
(BY SRI. V. SESHU, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE
RECORDS FROM THE OFFICE OF THE CONCERNED
JURISDICTION ASSISTANT COMMISSIONER R2 IN
PROCEEDINGS BEARING NO. LRF (83) CR (B) 6/2012-13 VIDE
ANNX-A (SERIES) 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.L.R.F(83)CR:(B).6/2012-13 dated
09.07.2015 at Annexure-A.
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HC-KAR
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.
5. Admittedly, as on the date of the Karnataka
Land Reforms (Amendment) Ordinance, 2020, no
proceedings were pending before any court/authority.
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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 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
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WP No. 38608 of 2025
HC-KAR
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
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.
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iii) If revenue entries have been altered
pursuant to the impugned order dated
09.07.2015, the same shall be restored in
favour of the petitioner.
iv) The petitioner shall appear before the
respondent-Assistant Commissioner on
20.02.2026 , 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
rv
List No.: 1 Sl No.: 14