Smt. Savitha Ragavendra Kulkarni v. The State of Karnataka

NC:(2026:KHC:9171( WP(No.(35258(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(13 (DAY(OF(FEBRUARY,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(R(DEVDAS( WRIT(PETITION(NO.(35258(OF(2025((LR)( BETWEEN:(( ( SMT.,SAVITHA,RAGAVENDRA,KULKARNI, DAUGHTER,OF,RAGHAVENDRA,RAO,KULKARNI,, AGED,ABOUT,53,YEARS,, RESIDING,AT,GUNDINAPALYA,VILLAGE,, HULIKUNTE,POST,,KORATAGERE,TALUK,, TUMKURU,DISTRICT-,572,113,

…PETITIONER, (BY,SRI.,ARUN,KUMAR,Y.,H.,,ADVOCATE), AND:( (

1., THE,STATE,OF,KARNATAKA, REPRESENTED,BY,ITS,PRINCIPAL,SECRETARY, DEPARTMENT,OF,REVENUE,VIDHAN,SOUDHA, BENGALURU,560,001, ,

2., THE,ASSISTANT,COMMISSIONER,Digitallytisigned by0JUANITA DODDABALLAPURA,SUB,DIVISION, THEJESWINI DODDABALLAPURA-,560,097, , Location:0HIGH

3., THE,TAHASILDAR,COURT0OF KARNATAKA NELAMANGALA,TALUK, NELAMANGALA-560,035, …RESPONDENTS, (BY,SRI.,V.SESHU,,HCGP), , THIS, WP, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE,CONSTITUTION,OF,INDIA,PRAYING,TO,QUASH,BY,A,WRIT, OF, CERTIORARI,, OR, ANY, OTHER, APPROPRIATE, WRIT,, OR, ORDER,OR,DIRECTION,IN,THE,NATURE,OF,A,WRIT,,THE,ORDER, DATED, 16.04.2025, PASSED, BY, THE, KARNATAKA, ADMINISTRATIVE,TRIBUNAL,IN,REV.APPEAL,NO.296/2023,,AS, PER,ANNEXURE,-A.,,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 High Court Government Pleader takes notice for all the respondents.

¶2The petitioner is basically aggrieved by the order passed by Assistant Commissioner and Competent Authority at Annexures - B dated 17.02.2017, whereby the Competent Authority, invoking powers conferred under Section 83 of the Karnataka Land Reforms Act and by invoking provisions contained in Sections 79A and 79B of the Act has declared the sale deed dated

21.09.2010 void. However, after the said provisions were deleted from the statute book pursuant to the Amendment Act of 2020, the petitioner had filed a writ petition before this Court in W.P. No. 20196 of 2021. This Court by order dated 16.11.2021, disposed of the writ petition directing the petitioner to approach the Karnataka Appellate

Tribunal. Accordingly, the petitioner filed an appeal before the Tribunal in Revision Appeal No. 296 of 2023. The Tribunal, although condoned the delay in filing the appeal, nevertheless dismissed the appeal on the ground that the appeal was not pending before the Tribunal as on the date when the Act was brought into force.

¶3Learned counsel however submits that this Court has considered many such writ petitions where the orders passed by the Competent Authority have been considered having regard to the amended provision of the Act and deletion of Section 79A and B from the statute book. Learned counsel prays for similar orders.

¶4This 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.

¶5Having considered submission of 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.

¶6Accordingly, 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 consequences of 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

17.02.2017, the same shall be restored in favour of the petitioner.

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

10.03.2026, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today.

Sd/- (R DEVDAS) JUDGE

KA List No.: 1 Sl No.: 17