Disposed

Smt. Shivamma v. State of Karnataka

Karnataka HC22 Jan 2026WP/36540/2025

Case brief

AI extract

What is this about?

This High Court of Karnataka disposed of a writ petition quashing an order of land forfeiture. The court remanded the matter to the Assistant Commissioner for fresh consideration without notice, considering the Karnataka Land Reforms (Amendment) Ordinance 2020 and reliance on a coordinate Bench decision.

What did the court decide?

Petition disposed; matter remanded to Assistant Commissioner for fresh consideration with hearing; relief entries to be restored.

Smt. Shivamma Vs State of Karnataka — Land Acquisition | Karnataka HC (2026)

¶1

NC: 2026:KHC:3783 WP No. 36540 of 2025

¶2

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 22^ND DAY OF JANUARY, 2026

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 36540 OF 2025 (LR-)

¶8

BETWEEN:

¶9

SMT. SHIVAMMA W/O THIMMAPPA, AGED ABOUT 52 YEARS, AGRICULTURIST, NO.890, RAGGI GUDDDA, 2ND CROSS, J.P.NAGARA, BENGALURU- 560078

¶10

…PETITIONER

¶11

(BY SRI. SATISHCHANDRA R., ADVOCATE)

¶12

AND:

¶13

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

¶14

STATE OF KARNATAKA REPRESENTED BY IT'S ADDITIONAL CHIEF SECRETARY, REVENUE DEPARTMENT, 4TH FLOOR, GATE NO.3, M S BUILDING, BENGALURU-560001.

¶15

THAHASHILDAR, RAMANAGARA TALUK-562159

¶16

THE ASSISTANT COMMISSIONER, RAMANAGARA SUB-DIVISION, RAMANAGARA -562159.

¶17

…RESPONDENTS

¶18

(BY SRI. SESHU V., HCGP)

¶19

THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a). QUASH THE

¶20

2 - NC: 2026:KHC:3783 WP No. 36540 of 2025

¶21

HC-KAR

¶22

IMPUGNED ORDER NO CASE NO. LRF 79 (A)AND(B)26/201920 DATED 18-12-2019 PASSED BY THE 3ND RESPONDENT IS HEREWITH PRODUCED AND MARKED AS ANNEXURE-A AND ETC.

¶23

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

¶24

CORAM: HON'BLE MR. JUSTICE R DEVDAS

¶25

ORAL ORDER

¶26

Learned High Court Government Pleader takes notice for all the respondents.

¶27

This writ petition has been filed aggrieved by the order passed by the Assistant Commissioner in proceedings bearing No.LRF.(79)(A and B):26/2019-20 dated 18.12.2019 at Annexure-A.

¶28

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

¶29

circumstances, a co-ordinate Bench of this Court in W.P.No.7821/2021 has passed an order dated 16.08.2021

¶30

3 - NC: 2026:KHC:3783 WP No. 36540 of 2025

¶31

HC-KAR

¶32

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

¶33

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.

¶34

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

¶35

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

¶36

4 - NC: 2026:KHC:3783 WP No. 36540 of 2025

¶37

HC-KAR

¶38

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 petitioner. 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.

¶39

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 Coordinate Bench should also enure to the petitioner herein.

¶40

¶41

NC: 2026:KHC:3783 WP No. 36540 of 2025

¶42

HC-KAR

¶43

Accordingly, this Court proceeds to pass the

¶44

following:

¶45

ORDER

¶46

i) The writ petition is disposed of .

¶47

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.

¶48

iii) If revenue entries have been altered pursuant to the impugned order dated 18.12.2019, the same shall be restored in favour of the petitioner.

¶49

iv) The petitioner shall appear before the respondent-Assistant Commissioner on 12.02.2026 , without waiting for further notice from the Assistant Commissioner.

¶50

Ordered accordingly.

¶51

¶52

NC: 2026:KHC:3783 WP No. 36540 of 2025

¶53

HC-KAR

¶54

Learned High Court Government Pleader is permitted

¶55

to file memo of appearance within a period of four weeks

¶56