IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS

WRIT PETITION NO.34571 OF 2025 (LR)

BETWEEN:

SRI. M S SURYA KUMAR

S/O SHIVANNA

AGED ABOUT 58 YEARS

R/A MANUGANAHALLI VILLAGE, KATUR POST, H D KOTE TALUK,

MYSURU DISTRICT - 571 314

…PETITIONER

(BY SRI. SUBRAHMANYA KAUSHIK R S., ADVOCATE)

AND:

1. STATE OF KARNATAKA DEPARTMENT OF REVENUE

REP. BY ITS PRINCIPAL SECRETARY

Digitally signed by VIDHANA SOUDHA

JUANITA

BENGALURU - 560 001

THEJESWINI

Location: H IGH

COURT OF

2. ASSISTANT COMMISSIONER

KARNATAKA

MYSURU SUB-DIVISION

MYSURU - 570 001

3. TAHSILDAR MYSURU TALUK

MYSURU DISTRICT - 570 001

…RESPONDENTS

(BY SMT. NAVYA SHEKHAR., AGA)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE

CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE

NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION SETTING ASIDE ORDER DATED 08.01.2020 (WRONGLY TYPED ON THE FIRST PAGE AS 08.01.2019) PASSED BY RESPONDENT NO.2 IN CASE NO. LRF/79(A) & (B)126/2017 PRODUCED AS ANNEXURE-E 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 Additional Government Advocate takes notice for the respondents.

2. The petitioner, in this petition is seeking to raise a challenge to the order passed by the Assistant Commissioner/competent authority, invoking Section 79A & 79B of the Karnataka Land Reforms Act. Learned counsel submits that the impugned order was passed on 08.01.2020 and even before the appeal period could elapsed, lockdown was ordered by the competent Government having regard to the outbreak of COVID-19 and general orders have been passed by the Hon'ble Supreme Court in suo motu W.P.No.3/2020, suspending the period of limitation. Even otherwise, the Government of Karnataka passed the Karnataka Land Reforms (II Amendment) Act, 2020, deleting the two provisions viz., Sections 79A and 79B from the statute book, which came into effect from 13.07.2020. The effect of the deletion of the two provisions and the saving clause contained in Section 12 (2), makes it clear that all cases which were either pending before the court, tribunal or any other authority competent under the provisions of the Principal Act on the date of promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020, pertaining to Sections 79A, B and C stood abated. Moreover, this Court has passed several orders taking note of the deletion of the provisions even in cases where the orders were passed by the competent authority much prior to 13.07.2020. In that view of the matter, learned counsel submits that similar directions may have to be issued in the present matter also.

3. In the considered opinion of this Court, the petitioner could have still filed an appeal before the Karnataka Appellate Tribunal seeking condonation of delay in view of the general directions issued by the Hon'ble Supreme Court. In that scenario, if appeal was filed, the same should have been taken as filed within time and since the appeal was pending consideration, in terms of sub-section (1) of Section 12 of the Amendment Act, the impugned order passed by the Assistant Commissioner would stand set aside and proceedings initiated against the petitioner would stand abated. Even otherwise, as rightly submitted by the learned counsel for the petitioner, in all such cases where the orders were passed by the competent authority even prior to the given date, this Court has directed that the Assistant Commissioner shall reconsider the case while verifying as to whether the land in question has been disposed of in accordance with law to third parties. If not, the benefit flowing out of the amending Act and deletion of the two provisions, should be given to the petitioner.

4. In that view of the matter, this Court proceeds to pass the following order

ORDER

i) The writ petition is disposed of ii) The matter is remanded back to the respondent-Assistant Commissioner to consider the case of