Sri Ramjinayaka v. State of Karnataka

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. 7778 OF 2026 (KLR-RES)

BETWEEN:

¶1SRI. RAMJINAYAKA S/O RAMANAIK AGED ABOUT 72 YEARS RESIDING AT DODDATHANDYA, SHIVANAHALLI RAMANAGAR-562 117.

¶2SRI. VENKATESHA NAIK, S/O GOVINDA NAIK AGED ABOUT 49 YEARS. RESIDING AT DODDATHANDYA, SHIVANAHALLI RAMANAGAR-562 117. …PETITIONERS (BY SRI. AJAY KADKOL T., ADVOCATE) AND:

¶1STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, VEEDHANA VEEDHI, DR. AMBEDKAR ROAD, BANGALORE-560 001, REPRESENTED BY ITS CHIEF SECRETARY

by SHARADAVANI B Location: High Court of Karnataka NC:(2026:KHC:17389( WP(No.(7778(of(2026( ( , ,,HC-KAR( ( (

2., THE,DEPUTY,COMMISSIONER, RAMANAGARA,DISTRICT, B.M.ROAD,, OPPOSITE,GOUSIA,COLLEGE,, OF,ENGINEERING,,IJOOR,, RAMANAGARA-,562,159., ,

3., THE,ASSISTANT,COMMISSIONER, RAMANAGARA,DISTRICT, MINI,VIDHAN,SOUDHA,, RAMANAGARA,-,562,159., ,

4., THE,TAHSILDAR, TALUK,OFFICE,, KANAKAPURA,, RAMANAGARA,DISTRICT,-,562,117., …RESPONDENTS, (BY,SRI.,V.SESHU,,HCGP), , , THIS, WP, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, PASS, AN, APPROPRIATE, WRIT,, DIRECTION, OR, ORDER, QUASHING, THE, ENDORSEMENT, DATED, 23.01.2026, ISSUED, BY, THE, RESPONDENT, NO.2, HEREIN, IN, RELATION, TO, THE, REPRESENTATION, DATED, 07.01.2013, AT, ANNEXURE-B, SUBMITTED,BY,THE,PETITIONERS,HEREIN,,SEEKING,REMOVAL, OF, THE, ENTRY, OF, "PADA", IN, RESPECT, OF, THE, LANDS, BEARING, SY.NO.157, MEASURING, 5, ACRES, 14, GUNTAS, SITUATED, AT, SHIVANAHALLI, VILLAGE,, KASABA, HOBLI,, KANAKAPURA,TALUK,,WHICH,IS,PRODUCED,AS,ANNEXURE-A,, AND,ETC., , , THIS, PETITION,, COMING, ON, FOR, ORDERS,, THIS, DAY,, ORDER,WAS,MADE,THEREIN,AS,UNDER:, ,

CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

Learned High Court Government Pleader is directed to take notice for all the respondents.

¶2The grievance of the petitioners is in respect of the land measuring 2 acres each in Sy.No.157 situated at Shivanahalli Village, Kasaba Hobli, Kanakapura Taluk. Upon the demise of petitioners' fathers leaving behind the petitioners as their legal heirs and therefore, the petitioners continued to be in possession and enjoyment of the aforesaid lands. Thereafter, petitioners noticed that the lands inherited by them had been entered in the revenue records as 'Sarkari Pada' (forfeited land) at column No.9 of the RTC and therefore, gave representation dated 07.01.2013 (Annexure-B) to the Tahsildar for removal of the entry of 'SARKARI PADA' and to enter the name of petitioners' father and subsequently, the name of the petitioners, being their legal heirs, in the RTC. Learned counsel for the petitioners submits that after the application was given by the petitioners, the Deputy Commissioner, Ramanagara

District, now Bangalore South District had called for report and the report furnished to the Deputy Commissioner shows that the arrears of land revenue may be Rs.4,180/-.

¶3This Court, in the case of Shivanna Vs. Deputy Commissioner in W.P.No.19639/2021 dated 05.09.2022 has held that having regard to Section 163 of the Karnataka Land Revenue Act, 1964, and Rule 119 of the Karnataka Land Revenue Rules, 1966, that in normal circumstances where there are arrears of land revenue, it is not the intention of the Government to forfeit agricultural lands. The provisions are clearly directed towards the other cases where charges are created by orders passed by Courts of law and other competent authorities where the parties are in default for payment and the Courts and authorities deem it fit to direct recovery of such debts to be collected as arrears of land revenue. In all other cases, in terms of the amended provision, which came into effect from 01.04.1988, the Government has granted relaxation and enabled the revenue authorities to accept the application for cancellation of forfeiture even in cases where the land was

sold and purchased on account of the Government dues, but which were not disposed of otherwise.

¶4Consequently, the writ petition is disposed of with a direction to the respondent-Tahsildar, Kanakapura Taluk, to inform the petitioners of the arrears of land revenue within a period of four weeks from the date of receipt of a copy of this order. If the petitioners are called upon to pay the arrears of land revenue, they shall pay the same and after payment of the arrears of land revenue, the forfeiture clause shall be removed and the name of petitioners' fathers shall be entered in the revenue records. Thereafter, the Tahsildar shall find out if the petitioners are the only legal heirs of Sri.Ramanaik and Sri.Govinda Naik and if it is so, the name of the petitioners to be entered, being the legal heirs, in respect of the land measuring 02 acres each in Sy.No.157 situated at Shivanahalli Village, Kasaba Hobli, Kanakapura Taluk, in column No.9 of the RTC within a period of two months from the date of payment of the arrears of land revenue, if any.

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.: 8