Smt. Thimmakka v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 5522 OF 2026 (LR)

BETWEEN:

SMT. THIMMAKKA WIFE OF VENKATACHALAIAH, AGED ABOUT 63 YEARS, AND RESIDING AT KANANURU VILLAGE, KUDURU HOBLI, MAGADI-562 120. …PETITIONER

(BY SRI. N. BYREGOWDA, ADVOCATE)

AND:

¶1THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001.

¶2THE DEPUTY COMMISSIONER BENGALURU SOUTH DISTRICT, RAMANAGARA-562 159.

¶3THE ASSISTANT COMMISSIONER RAMANAGARA SUB DIVISION, BENGALURU SOUTH DISTRICT, RAMANAGARA-562 159.

Digitally signed by LAKSHMI T Location: High Court of Karnataka

¶4THE TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS BENGALURU SOUTH DISTRICT, RAMANAGARA-562 159.

5. THE THASILDAR MAGADI TALUK, MAGADI-562 120. …RESPONDENTS

(BY SRI. K.P. YOGANNA, AGA)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR SUCH OTHER APPROPRIATE WRIT OR ORDER QUASHING THE NOTIFICATION BEARING NO.:RAJIKA/BHUSHA/ UPAGRAMA/01/2025-26, E-813992, DATED

15.10.2025 PASSED BY THE 2ND RESPONDENT-DEPUTY COMMISSIONER (ANNEXURE-H) IN RESPECT OF SURVEY NO.22/2, MEASURING 23 GUNTAS (TOTALLY MEASURING 1 ACRE 31 GUNTAS), SITUATED AT KANANURU VILLAGE, KUDURU HOBLI, MAGADI TALUK, BENGALURU SOUTH DISTRICT; 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 respondent Nos.1 and 5.

¶2In this writ petition, petitioners are aggrieved of the impugned Notification dated 15.10.2025

at Annexure-H issued by the Deputy Commissioner, Ramanagara District, exercising powers under Section 38A of the Karnataka Land Reforms Act, 1961 (for short 'KLR Act') declaring certain areas as 'unrecorded habitation', which also includes the lands belonging to the petitioners.

¶3Learned counsel for the petitioners submits that there are several judgments of this Court including a batch of writ petitions in W.P.No.101121/2022 and connected matters, which were disposed of on 23.01.2024, followed by orders passed in W.P.No.9321/2024 dated 22.01.2025 and W.P.No.103974/2022 dated 28.02.2025, where this Court has clearly held that the Court has come across several matters where notifications under Section 38A of KLR Act 1961 have been issued by Commissioners without issuing any public notice and/or even verifying revenue records. The Commissioners were advised that in future they shall firstly look into the revenue records, obtain the details as regards the lands which are proposed to be notified under

Section 38A of the KLR Act before issuing any notification. It was directed that if entries are found in the revenue records showing an individual as the Kathedar, then notices will have to be issued to such persons who are the recorded Kathedars. It was directed that if no entries are found, then the Deputy Commissioner will have to record such a statement that no entries are found in the revenue records, so that in the event of any challenge being raised, the Deputy Commissioner can fall back on the said information.

¶4This Court has also considered the powers of the Deputy Commissioner as contained in Section 38A(1). The provision reads as follows; "(1) Notwithstanding anything contained in this Act or any other law for the time being in force, where in any village, agricultural labourer is ordinarily residing on dwelling house on a land not belonging to him in an unrecorded habitations like Lambani Tanda, Gollarahatti, Vaddarahatti, Kurubarhatti, Nayakarahatti, Majare Grama, Haadi, Doddi, Palya, Camp, Colony or any other such unrecorded habitations falling within jursidiction of that village, on date of commencement of Karnataka Land Reforms (Amendment) Act, 2016, which is notified as such by

Commissioner, specifying survey numbers and boundaries in the pre scribed manner, such dwelling house or houses along with the site thereof and land immediately appurtenant thereto and necessary for its enjoyment shall, on the date of such notification by Commissioner, vest absolutely in the State Government, free from all encumbrances and the agricultural labourer shall be entitled to be registered as owner thereof."

¶5It is therefore clear that, if the revenue records disclose the fact that the lands are standing in the name of a private individual, then it will not permit the Deputy Commissioner to record same as 'unrecorded habitations'. In that view of the matter, it is clear that in all cases where the revenue records would reveal or disclose the name of a private individual as the Kathedar, then it would divest the Deputy Commissioner from power to proceed to declare the same as 'unrecorded habitation'.

¶6From a perusal of the RTC extract and revenue records at Annexure-F, it is evident that the name of the petitioner was entered in the same and that the petitioner is the Khatedar of the said land.

¶7In that view of the matter, I pass the following: ORDER

i. The writ petition is allowed.

ii. The impugned Notification at Annexure-H dated

15.10.2025 bearing No.E-813992 is hereby quashed and set aside.

iii. Consequently, it is hereby directed that the Commissioner, Ramanagara District, shall immediately restore the names of the petitioners in the revenue records.

¶8Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today.

Sd/- (R DEVDAS) JUDGE

HB List No.: 1 Sl No.: 5