Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 29902 OF 2024 (LR) BETWEEN:
1. SRI VIJAYAKUMAR AGED ABOUT 61 YEARS S/O. LATE PUNAMCHAND, RESIDING AT NO.174, NARASARAJA ROAD, DAVANAGERE TOWN - 577 004.
2. SMT. KAJAL AGED ABOUT 48 YEARS, D/O. LATE P MOHAN LAL, RESIDING AT NO.174, NARASARAJA ROAD, DAVANAGERE TOWN - 577 004. Digitally signed by …PETITIONERS SHARADAVANI B (BY SRI. UMESH M.N., ADVOCATE) Location: High Court of AND: Karnataka
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, ROOM NO. 505, 5TH FLOOR, GATE-3, M.S. BUILDING, B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. -2-
2. THE KARNATAKA APPELLATE TRIBUNAL M.S. BUILDING, B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001.
3. THE ASSISTANT COMMISSIONER DAVANGERE SUB - DIVISION, DAVANAGERE - 560 002
4. SRI. PRAFUL KUMAR AGED ABOUT 43 YEARS S/O. LATE P MOHAN LAL, RESIDING AT - NO.174, NARASARAJA ROAD, DAVANAGERE TOWN - 577 004. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INIDA PRAYING TO-SETTING ASIDE THE IMPUGNED ORDER DATED 03.05.2024, PASSED BY RESPONDENT NO. 2 IN MISC. PETITION NO. 21/2021 (VIDE ANNEXURE -F HEREIN), AND CONSEQUENTLY RESTORE THE PROCEEDINGS IN REV. APPEAL NO.541/2013 VIDE ANNEXUREE BEFORE THE RESPONDENT NO. 2 HEREIN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
Learned Additional Government Advocate takes notice for all the respondents. -3-
2. Learned counsel for the petitioners submits that
the order was passed against the first petitioner and his brother Sri.P.Mohanlal, who were the joint purchasers of the property in question. Both the brothers preferred an appeal before the Karnataka Appellate Tribunal in Appeal No.541/2013. However, the appeal was dismissed for non- prosecution on 23.02.2017. The first petitioner herein filed a Revision Miscellaneous Petition No.21/2021 and the same was rejected by the Tribunal on 03.05.2024, although the delay was condoned by the Tribunal.
3. This writ petition has been filed aggrieved by
the order passed by the Karnataka Appellate Tribunal in proceedings bearing Rev.Appeal No.541/2013 dated 03.07.2013 at Annexure-E and order passed by the Assistant Commissioner in proceedings bearing No.LRM(2)CR23/2011-12 dated 17.09.2012 at Annexure-D. -4-
4. 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.
5. Learned Additional Government Advocate points
out from the impugned order that notice was indeed issued to the petitioners and in spite of notice having been issued, the petitioners did not appear before the Assistant Commissioner.
6. Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no proceedings were pending before any court/authority. -5-
7. 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 -6- proceedings shall be declared as abated by the Assistant Commissioner.
8. 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.
9. 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. -7- iii) If revenue entries have been altered pursuant to the impugned orders dated 03.05.2024 and 17.09.2012, the same shall be restored in favour of the petitioners. iv) The petitioners shall appear before the respondent-Assistant Commissioner on 18.09.2025, 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 rv List No.: 1 Sl No.: 7