Since Grurajappa Deceased v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.6793 OF 2026 (LR) BETWEEN:

SINCE GRURAJAPPA DECEASED REPRESENTING HIS LR'S

¶1SMT. PARVATHAMMA W/O LATE GURURAJAPPA, AGED ABOUT 67 YEARS,

¶2SRI. K. G. MAHESH S/O LATE GURURAJAPPA, AGED ABOUT 38 YEARS,

¶3SRI. BEERESH S/O LATE GURURAJAPPA, AGED ABOUT 35 YEARS.

ALL ARE RESIDING AT NO.44, KOTE, GOVERNMENT HOSPITAL ROAD, KENGERI, BENGALURU - 560 060.

THE PETITIONERS ARE REPRESENTED BY THEIR GPA HOLDER SRI. A. PUSHPARAJ …PETITIONERS (BY SRI. NAGENDRA KUMAR K., ADVOCATE)

AND:

¶1THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING,

Location: High Court Of Karnataka NC:(2026:KHC:12607( WP(No.(6793(of(2026( ( , ,,HC-KAR( ( ( DR.,B.R.,AMBEDKAR,VEEDHI,,, BENGALURU,-,560,001, REPRESENTED,BY,ITS,PRINCIPAL,SECRETARY, ,

2., THE,ASSISTANT,COMMISSIONER, BANGALORE,SOUTH,SUB-DIVISION,,, BANGALORE,-,560,001, ,

3., THE,TAHSILDAR, BANGALORE,SOUTH,TALUK,,, BANGALORE,–,560,001, ,

4., THE,REVENUE,INSPECTOR, BANGALORE,SOUTH,TALUK,, BANGALORE,–,560,001, …RESPONDENTS, (BY,SMT.,B.P.RADHA.,,AGA), , , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLES,226,7, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, ISSUE, WRIT, OF, CERTIORARI, OR, ANY, APPROPRIATE, ORDER, BY, QUASHING,THE,IMPUGNED,ORDER,DATED,03.11.2017,IN,CASE, NO.LRF(83)(Su), 63/2013-14,, PASSED, BY, THE, RESPONDENT, NO.2,,AS,PER,ANNEXURE-J,AND,PLEASED,TO,HOLD,THAT,THE, PETITIONERS, HAVE, NOT, VIOLATED, ANY, PROVISIONS, OF, KARNATAKA, LAND, REFORMS, ACT,, IN, THE, INTEREST, OF, JUSTICE,AND,EQUITY., ,, , 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, Additional, Government, Advocate, takes, notice,for,all,the,respondents., ,

¶2This writ petition has been filed aggrieved by the order passed by the Assistant Commissioner in proceedings bearing No.L.R.F(83)(Su)63/2013-14 dated

03.11.2017 at Annexure-J.

¶3Learned 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.

¶4Learned 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.

¶5Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, proceedings were pending before any court/authority.

¶6This 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 proceedings shall be declared as abated by the Assistant Commissioner.

¶7Having 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.

¶8Accordingly, 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

03.11.2017, the same shall be restored in favour of the petitioners.

iv) The petitioners shall appear before the respondent-Assistant Commissioner on

18.03.2026, 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

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