Karnataka High Court
Smt. Shanawaz vs The State Of Karnataka on 30 January, 2026
Author: R Devdas
Bench: R Devdas
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NC: 2026:KHC:5685
WP No. 2580 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 2580 OF 2026 (LR)
BETWEEN:
SMT. SHANAWAZ,
AGED ABOUT 50 YEARS,
W/O NASRULLA SHARIF,
R/OF NO. 137/4,
NEAR NOOR MASJID, GALIPURA,
CHAMARAJANAGARA TALUK
AND DISTRICT - 571 313
PRESENTLY R/AT
HONGANURU VILLAGE,
CHANDAKAVADI HOBLI,
CHAMARAJANAGARA TALUK
AND DISTRICT - 571 117.
...PETITIONER
Digitally signed
by
(BY SRI. PARIKSHIT S.S, ADVOCATE)
SHARADAVANI
B
Location: High AND:
Court of
Karnataka
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETEARY,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE ASSISTANT COMMISSIONER,
KOLLEGALA SUB-DIVISION
KOLLEGALA TALUK
CHAMARAJANAGARA DISTRICT - 571 313.
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NC: 2026:KHC:5685
WP No. 2580 of 2026
HC-KAR
3. THE TAHASILDAR,
KOLLEGALA TALUK
CHAMARAJANAGARA DISTRICT - 571 313.
...RESPONDENTS
(BY SRI. V. SESHU, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ORDER DATED 17/03/2020 PASSED BY 2ND RESPONDENT IN
DISPUTE NO. L.R.F. (79A-798) CR 168 (21)/2014-15
(ANNEXURE-D) 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 High Court Government Pleader 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 168 (21)/2014-15 dated 17.03.2020 at Annexure-D.
3. Learned counsel for the petitioner submits that this is a case where the impugned order of forfeiture has -3- NC: 2026:KHC:5685 WP No. 2580 of 2026 HC-KAR 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 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.
5. Admittedly, as on the date of the Karnataka Land Reforms (Amendment) Ordinance, 2020, no proceedings were pending before any court/authority.
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 -4- NC: 2026:KHC:5685 WP No. 2580 of 2026 HC-KAR 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.
7. Having considered the submission of the learned Counsels and on perusing the judgment of the co- -5-
NC: 2026:KHC:5685 WP No. 2580 of 2026 HC-KAR 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 Land Reforms Act in Karnataka Amendment No.56 of 2020.
iii) If revenue entries have been altered pursuant to the impugned order dated 17.03.2020, the same shall be restored in favour of the petitioner.-6-
NC: 2026:KHC:5685 WP No. 2580 of 2026 HC-KAR
iv) The petitioner shall appear before the respondent-Assistant Commissioner on 18.02.2026, 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 rv List No.: 1 Sl No.: 4