L Shivsundar v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 10996 OF 2026 (LR) BETWEEN:

¶1L SHIVSUNDAR S/O LAKSHMANA, AGED ABOUT 49 YEARS, NO-638, ADAVI SWAMY STREET, KAMATAGIRI, MNADIMOHALLA, MYSURU-570001

¶2D.SRINIVAS S/O T.DASAPPA, AGED ABOUT 43 YEARS, RESIDING AT CHANDAGALU VILLAGE, KASABA HOBLI, SRIRANGAPATTANNA TALUK-571438, MANDYA DISTRICT. …PETITIONERS (BY SRI. S N DEVARAJA, ADVOCATE FOR SRI. A.LOURDU MARIYAPPA.,ADVOCATE) AND:

¶1THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, DR.AMBEDKAR VEEDHI BENGALURU-560 001.

by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

¶2THE ASSISTANT COMMISSIONER, PANDAVAUR SUB-DIVISION, PANDAVAUR-571434, MANDYA DISTRICT.

¶3THE THASILDAR, SRIRANGAPATNA TALUK-571 438, MANDYA DISTRICT. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE LEARNED ASSISTANT COMMISSIONER, PANDAVAPURA SUB-DIVISION, PANDVAPURA, MANDYA DISTRICT IN CASE NO.LRF(SRI) 93/2009-10,II) SET-ASIDE AND QUASH THE IMPUGNED ORDER DATED 20-01-2012, CASE NO.LRF(SRI) 93/2009-10, ANNEXURE-A PASSED BY THE LEARNED ASSISTANT COMMISSIONER, PANDAVAPURA SUB-DIVISION, PANDVAPURA, MANDYA DISTRICT-SECOND RESPONDENT AUTHORITY AND FURTHER TO REMAND THE MATTER FOR FRESH CONSIDERATION, IN RESPECT OF THE LAND MEASURING 1 ACRE-00 GUNTAS IN SURVEY NUMBER 43/1, SITUATED, SITUATED AT CHANDAGALU VILLAGE, KASBA HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT., 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

¶1Learned 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(SRI) 93/2009-10 dated

20.01.2012 at Annexure-A.

¶3Learned 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.

¶4Learned 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.

¶5Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no 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 petitioner 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

20.01.2012, the same shall be restored in favour of the petitioner.

iv) The petitioner shall appear before the respondent-Assistant Commissioner on 11th May 2026, without waiting for further notice from the Assistant Commissioner.

¶9Ordered accordingly.

¶10Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.

Sd/- (R DEVDAS) JUDGE

GH List No.: 1 Sl No.: 20