Karnataka High Court
Sri Baskaran @ Baskar Rao vs State Of Karnataka on 4 March, 2026
Author: R Devdas
Bench: R Devdas
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NC: 2026:KHC:13174
WP No. 39325 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 39325 OF 2025 (LR)
BETWEEN:
SRI BASKARAN @ BASHKAR RAO
S/O R KRISHNAMURTHY
AGED ABOUT 53 YEARS
R/AT NO.16, 14TH CROSS
3RD MAIN ROAD, 2ND STAGE,
BTM LAYOUT, BANGALORE-560076.
...PETITIONER
(BY SRI. SHIVAKUMAR V., ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF REVENUE
VIKASA SOUDA, AMBEDKAR VEEDHI,
BANGALORE-560001
REPRESENTED BY SECRETARY.
Digitally signed by
DHARMALINGAM
2. THE ASSISTANT COMMISSIONER,
Location: High
Court Of BENGALURU SOUTH SUB-DIVISION,
Karnataka
BENGALURU-560009.
3. THE TAHASILDAR,
ANEKAL TALUK,
ANEKAL-562106.
...RESPONDENTS
(BY SRI. V. SESHU, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
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NC: 2026:KHC:13174
WP No. 39325 of 2025
HC-KAR
PASSED BY THE SECOND RESPONDENT IN LRF(83)K NO.4/99-
2000 DATED 31.08.2004 VIDE ANNEXURE-D AND DROP THE
PROCEEDINGS INITIATED BY THE SECOND RESPONDENT
UNDER SECTION 79A AND B OF THE KARNATAKA LAND
REFORMS ACT 1961 BY ALLOWING THE ABOVE WRIT
PETITION.
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 the respondents.
2. This writ petition was filed by the petitioner being aggrieved of the order dated 31.08.2004 passed by the 2nd respondent - Assistant Commissioner in LRF:
(83):K 4/1999-2000 in terms of Sections 79A and B of the Karnataka Land Reforms Act, 1961.
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 -3- NC: 2026:KHC:13174 WP No. 39325 of 2025 HC-KAR 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 (Second Amendment) Act, 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 omitted from the statute book in terms of the Karnataka Land Reforms (Second Amendment) Act, 2020. It is the -4- NC: 2026:KHC:13174 WP No. 39325 of 2025 HC-KAR 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-ordinate Bench in W.P.No.7821/2021, this Court finds that facts and circumstances in both these matters are quite similar -5- NC: 2026:KHC:13174 WP No. 39325 of 2025 HC-KAR 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 79A and 79B of the Karnataka Land Reforms Act, 1961 in Karnataka (Second Amendment) Act No.56 of 2020.
iii) If revenue entries have been altered pursuant to the impugned order dated 31.08.2004, the same shall be restored in favour of the petitioner.-6-
NC: 2026:KHC:13174 WP No. 39325 of 2025 HC-KAR
iv) The petitioner shall appear before the respondent-Assistant Commissioner on 18th March, 2026, without waiting for further notice from the Assistant Commissioner. Ordered accordingly.
9. Learned High Court Government Pleader is permitted to file his memo of appearance within a period of four weeks from today.
Sd/-
(R DEVDAS) JUDGE KLY List No.: 1 Sl No.: 25