Nanda Ramachandra Vs State of Karnataka

NANDA RAMACHANDRA @ NANDA RAMACHANDRA PRAVEEN W/O. DR. C. V. PRAVEENA, AGED ABOUT 59 YEARS, R/AT NO. 23, SHRI GURU, 6TH CROSS, R.K. LAYOUT, PADMANABHANAGAR, BANASHANKARI 2ND STAGE, BENGALURU-560 070. REPRESENTED BY HER ATTORNEY, GULREZ TALAT, S/O. JAMIL AHMED, AGED ABOUT 46 YEARS, R/AT NO. 12, 1ST CROSS, NEAR R.K. PALACE, KANAKANAGAR, R.T. NAGAR, BENGALURU-560 032.

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…PETITIONER

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(BY SRI. MOHAMMED TAHIR., ADVOCATE)

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AND:

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STATE OF KARNATAKA REVENUE DEPARTMENT, REPRESENTED BY ITS SECRETARY,

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*Corrected vide Chamber Order dated 14/08/2025

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HC-KAR

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ROOM NO. 505 AND 506, 5^TH FLOOR, GATE NO.3, M.S. BUILDING, BENGALURU-560 001.

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THE TAHASILDAR CHANNAPATNA TALUK OFFICE, CHANNAPATNA TOWN, RAMANAGARA DISTRICT-562 160.

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THE ASSISTANT COMMISSIONER, RAMANAGARA SUB-DIVISION, RAMANAGARA DISTRICT - 562 160.

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…RESPONDENTS

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(BY SRI. MANJUNATH K., HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION AT ANNEXURE-E IN ACCORDANCE WITH THE LAW DATED 22.09.2023 WHICH HAS BEEN SUBMITTED BY THE PETITIONER FOR CHANGE OF MUTATION ENTRY AT RTC, CONSEQUENTLY CAN THE MUTATION ENTRY IN THE FAVOUR OF THE PETITIONER.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP,THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE R DEVDAS

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ORAL ORDER

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This writ petition was initially filed by the petitioner being aggrieved of the inaction on the part of the Tahsildar, to enter the name of the petitioner pursuant to the registered sale deed dated 22.11.2013. However, subsequent to the filing of this writ petition, when it was pointed out that orders have been passed by the competent authority/Assistant Commissioner under Sections 79A and 79B of the Karnataka Land Reforms Act, the petition has been amended by raising a challenge to the said order dated 22.02.2017 in proceedings bearing No.L.R.F 79 (A&B) (Cha) 124/2015-16 at Annexure ‘C1’.

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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

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HC-KAR

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W.P.No.7821/2021 has passed an order dated 16.08.2021

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remanding the matter back to the Assistant Commissioner for fresh consideration after affording an opportunity of hearing to the aggrieved person.

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Learned High Court Government Pleader 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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Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no proceedings were pending before any court/authority.

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This Court had several occasions to consider

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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

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HC-KAR

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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.

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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.

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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

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HC-KAR

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and therefore, the benefit of the decision of the coordinate bench should also enure to the petitioner herein.

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Accordingly, this Court proceeds to pass the following:

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ORDER

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i) The writ petition is allowed in part.

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ii) The impugned order dated 22.02.2017 passed in case No. L.R.F 79 (A&B) (Cha) 124/2015-16 is hereby quashed and set aside.

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iii) 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.

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