IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 831 OF 2026 (LR)

BETWEEN:

MRS. JABEENA KOUSER S., AGED ABOUT 42 YEARS W/O. MR. SHAIK ABDUL JAVEED D/O. MR. SHABEER AHAMED RESIDING AT 4TH CROSS CEMENT ROAD, TIPPUNAGAR, RIGHT SIDE GOPALA EXTENSION SHIVAMOGAA - 577 205 AADHAR NO.6784 0045 9742 REPRESENTED BY HER DULY CONSTITUTED ATTORNEY HOLDER MR. SHABBEER AHAMED AGED ABOUT 71 YEARS Digitally S/O. MR. IBRAHIM SAB signed by CHAITHANYA RESIDENT OF MADINA MAJID K M.K.HATTY, KASABA HOBLI Location:

CHITRADURGA - 577 502.

HIGH COURT OF …PETITIONER KARNATAKA (BY SRI. JAI PRAKASH RAO, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA VIDHANA VEEDHI ROAD BANGALORE- 560 001 REPRESENTED BY THE REVENUE SECRETARY

2. THE ASSISTANT COMMISSIONER CHITRADURGA SUB DIVISION CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 502.

3. THE THASILDAR CHITRADURGA TALUK CHITRADURGA DISTRICT CHITRADURGA - 577 501.

…RESPONDENTS (BY SRI. V.SESHU, HCGP)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE PROCEEDINGS FROM THE FILE OF THE 2ND RESPONDENT ASSISTANT COMMISSIONER, CHITRADURGA SUB DIVISION, DATED 21.04.2017 IN LRM.79(A)CR/71/15-16 AND TO SET ASIDE THE IMPUGNED ORDER DATED 21.04.2017 IN LRM.79(A)CR/71/15-

16 BY THE 2ND RESPONDENT - ANNEXURE-A 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 is directed to take 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.LRM.79(A)CR/71/15-16 dated

21.04.2017 at Annexure-A.

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. 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 petitioner.

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.

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