Karnataka High Court
WP/8769/2026 of M.A. PARTHANARAYANA Vs STATE OF KARNATAKA on 21 April 2026
NC: 2026:KHC:21447 WP No. 8769 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 8769 OF 2026 (LR) BETWEEN: M.A. PARTHANARAYANA S/O M.A.NARASIMHAN, AGED ABOUT 64 YEARS, 7TH CROSS, NO.25, OLD
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 8769 OF 2026 (LR)
BETWEEN:
M.A. PARTHANARAYANA
S/O M.A.NARASIMHAN,
AGED ABOUT 64 YEARS,
7TH CROSS, NO.25, OLD NO.13,
S.P.EXTENTION, MALLESHWARAM,
BENGALURU - 560 003.
MOBLIE NO. 9980919080.
…PETITIONER
(BY SRI. MANJUNATHA T.H, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2.
ASSISTANT COMMISSIONER,
SUB-DIVISION AT TUMKUR,
ASSISTANT COMMISSIONER OFFICE,
TUMKUR - 572 102.
3.
THE TAHSILDAR,
KUNIGAL TALUK,
KUNIGAL TALUK OFFICE,
Digitally signed
by JUANITA
THEJESWINI
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
KUNIGAL - 572 000.
…RESPONDENTS
(BY SRI. S.R. KHAMEOZ KHAN, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE ABOVE
WP QUASH THE IMPUGNED ORDERS PASSED BY THE R-2
LRF.(79A, 79B) CR.26/06-07 DTD 04.01.2010 PERTAINING TO
THE LAND BEARING SY NO. 43/P MEASURING 2 ACRES
SITUATED AT BOODHANAHALLI VILLAGE, KUNIGAL TALUK, PRODUCED AT ANNX-A AWARD THE COSTS OF THIS WP.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
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 proceedings bearing No.L.R.F.(79A 79B):CR.26/2006-07 dated 04.01.2010 at Annexure-A.
HC-KAR
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.
5. Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no proceedings were pending before any court/authority.
HC-KAR
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 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
HC-KAR
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. 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
HC-KAR
Land Reforms Act in Karnataka Amendment No.56 of 2020. iii) If revenue entries have been altered pursuant to the impugned order dated 04.01.2010, the same shall be restored in favour of the petitioner. iv) The petitioner shall appear before the respondent-Assistant Commissioner on 13.05.2026, without waiting for further notice from the Assistant Commissioner. Ordered accordingly. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.
Sd/- (R DEVDAS) JUDGE
rv List No.: 1 Sl No.: 5