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NC: 2026:KHC:23596

WP No. 10976 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS

WRIT PETITION NO. 10976 OF 2026 (LR)

BETWEEN:

SRI. E.S.JAYARAM

S/O LATE E.R SEETHARAM,

AGED ABOUT 62 YEARS,

NO.80, PARALLEL ROAD,

SHANKAR MATA,

SHANKAR PARK

BENGALURU - 560 086.

…PETITIONER

(BY SRI. GURUPRASAD, ADVOCATE FOR

SRI. K.G. SADASHIVAIAH, ADVOCATE)

AND:

Digitally signed

by YASHODA K L

1. THE STATE OF KARNATAKA

Location: H igh

Court Of DEPARTMENT OF REVENUE,

Karnataka

REP. BY ITS PRINCIPAL SECRETARY,

VIDHANA SOUDHA,

BENGALURU - 560 001.

2. THE ASSISTANT COMMISSIONER

MYSURU DISTRICT,

MYSURU - 570 005.

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3. THE TASHILDAR

MYSURU DISTRICT,

MYSURU - 570 005.

…RESPONDENTS

(BY SRI. S.R. KHAMROZ KHAN, AGA)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE

RECORDS AND QUASH THE ORDER PASSED BY THE 2ND

RESPONDENT IN CASE NO.LRF 79(A)(B)-309-2011-12 DATED

16.01.2013 AS PER ANNEXURE-E TO THE WRIT PETITION BY

ISSUING AN WRIT OF CERTIORARI 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 Additional Government Advocate takes

notice for all the respondents.

2. This writ petition has been filed aggrieved by

the order passed by the Assistant Commissioner in

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proceedings bearing No.LRF.(79) (A) and (B) 309/2011-12

dated 16.01.2013 at Annexure-E.

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 Additional Government Advocate 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.

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WP No. 10976 of 2026

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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

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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 benefit of the decision of the

Co-ordinate Bench should also enure to the petitioner

herein.

8. Accordingly, this Court proceeds to pass the

following:

ORDER

i) The writ petition is disposed of

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