R Krishnamachari v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 2401 OF 2026 (KLR-RES) BETWEEN:

¶1R. KRISHNAMACHARI, SON OF RAMAKRISHNACHARI, AGED ABOUT 70 YEARS, RESIDING AT NO.43/44, SAKUMBARINAGAR, SARAKKI 1 PHASE, 1ST MAIN ROAD, J.P.NAGAR, BENGALURU-560 078.

¶2SRI.N.JAYARAM, S/O N.CHINNABBA NAIDU, AGED ABOUT 55 YEARS, R/AT NO.1671, 16TH MAIN ROAD, 31ST CROSS, BANASHANKARI 2ND STAGE, BENGALURU-560 070. …PETITIONERS (BY SRI. N.BYREGOWDA, ADVOCATE) AND:

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

¶2THE DEPUTY COMMISSIONER OFFICE, BENGALURU RURAL DISTRICT, by SHARADAVANI B Location: High Court of Karnataka e -e2e-eeeee e e NC:(2026:KHC:8109 WP(No.(2401(of(2026 DISTRICT,ADMINISTRATION,HOUSE,, BEERSANDRA,VILLAGE, DEVANAHALLI,TALUK-,562,110.,

3., THE,ASSISTANT,COMMISSIONER, DODDABALLAPURA,SUB-DIVISION,,, BENGALURU,RURAL,DISTRICT,,, KARNAKATA,-561,203.,

4., THE,TAHSILDAR, DEVANAHALLI,TALUK,, BENGALURU,RURAL,DISTRICT,,, KARNATAKA-562,110., …RESPONDENTS, (BY,SMT.,NAVYA,SHEKAR,,AGA), , THIS,W.P.,IS,FILED,UNDER,ARTICLES,226,AND,227,OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, ISSUE, WRIT, OF, CERTIORARI,OR,SUCH,OTHER,APPROPRIATE,WRIT,OR,ORDER, QUASHING, THE, IMPUGNED, ORDER, DATED, 13.08.2001, VIDE, LRF.SR.358/1996-97, PASSED, BY, THE, 3RD, RESPONDENT-ASSISTANT, COMMISSIONER, (ANNEXURE-F), IN, RESPECT, OF, SY.NO.124/1,, MEASURING, 1, ACRE, 3, GUNTAS,, SITUATED, AT, BULLAHALLI, VILLAGE,, VIJAYAPURA, HOBLI,, DEVANAHALLI, TALUK,,BENGALURU,RURAL,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 Learned, Additional, Government, Pleader, takes, notice,for, all,the,respondents.,,

¶2Earlier petitioner No.2 was before this Court in W.P.No.33349/2025 and this Court disposed of the writ petition on 05.01.2026 while observing that petitioner No.2 herein cannot raise a challenge to the order passed by the Assistant Commissioner under Section 79A and B r/w Section 83 of the Karnataka Land Revenue Act, 1964 Liberty was granted to petitioner No.2 to raise a challenge to the order passed by the Assistant Commissioner at the hands of the person against whom the order was passed. Accordingly, petitioner No.2 has filed this petition along with petitioner No. 1 who is the person against whom the impugned order has been passed by the Assistant Commissioner. This writ petition has been filed aggrieved by the order passed by the Assistant Commissioner in proceedings bearing No.LRF:SR:358/1996-97 dated

13.08.2001 at Annexure-F.

¶3Learned counsel for the petitioners submit that this is a case where the impugned order of forfeiture has been passed by the Assistant Commissioner without notice

to the petitioners. 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 petitioners and in spite of notice having been issued, the petitioners did not appear before the Assistant Commissioner.

¶5Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, 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 petitioners 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 petitioners 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

13.08.2001, the same shall be restored in favour of the petitioners.

iv) The petitioners shall appear before the respondent-Assistant Commissioner on

04.03.2026, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. Learned Additional 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.: 30