Smt Ningamma v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 7775 OF 2026 (LR)

BETWEEN:

¶1SMT. NINGAMMA W/O LATE SIDDEGOWDA AGED ABOUT 89 YEARS RESIDING AT KETHUPURA VILLAGE BANNURU HOBLI, T.NARASIPURA TALUK MYSURU DISTRICT - 571 101.

¶2SMT. SUBBAMMA W/O LATE MALLESH AGED ABOUT 52 YEARS RESIDING AT BULIKEMPANADODDI VILLAGE, KIRUGAVALU HOBLI MALAVALLI TALUK, MANDYA DISTRICT - 571 424. …PETITIONERS (BY SRI PUTTEEREGOWDA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENT BY ITS

by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA NC:(2026:KHC:14294( WP(No.(7775(of(2026( ( , ,,HC-KAR( ( ( PRINCIPAL,SECRETARY,, REVENUE,DEPARTMENT,, VIDHANA,SOUDHA,,, BENGALURU,-,560,001., ,

2., THE,DEPUTY,COMMISSIONER, MANDYA,DISTRICT,,, MANDYA,-,571,401., ,

3., THE,ASSISTANT,COMMISSIONER, MANDYA,-,571,401., ,

4., TAHASILDAR, MALAVALLI,TALUK,, MALAVALLI,-,571,430., …RESPONDENTS, , (BY,SRI,V.,SESHU,,HCGP), , , THIS, WP, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, QUASH, THE, IMPUGNED, NOTIFICATION, ISSUED, BY, THE, RESPONDENT, NO.2/DEPUTY, COMMISSIONER,MANDYA,DISTRCT,,MANDYA,,PASSED,A,IMPUGNED, NOTIFICATION,IN, FORM,NO.2-E,UNDER,SECTION,38A,KARNATAKA, LAND, REFORMS, ACT, 1961, NO.RRTCR/228/2016-17, DATED, 23-12-2021,VIDE,ANNEXTURE,-,F;,ISSUE,WRIT,OF,MANDAMUS,DIRECT,THE, RESPONDENT, NO.4, DELETE, THE, NAME, OF, THE, GOVERNMENT, IMPUGNED, NOTIFICATION, AND, RESTORE, THE, NAME, OF, THE, PETITIONER,IN,THE,SY.NO.251/1., ,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

In this writ petition, the petitioners are aggrieved of impugned notification issued by Deputy Commissioner exercising powers under Section 38A of the Karnataka Land Reforms Act, 1961 [for short, 'the Act'] declaring certain areas as 'unrecorded habitation', which also includes the lands belonging to the petitioners.

¶2Learned 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 the Act have been issued by the Deputy Commissioners without issuing any public notice and/or even verifying the

revenue records. The Deputy 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 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, Deputy Commissioner can fall back on the said information.

¶3This Court has also considered the powers of the Deputy Commissioner as contained in Section 38A(1) of the Act. 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 the jursidiction of that village, on the date of commencement of the Karnataka Land Reforms (Amendment) Act, 2016, which is notified as such by the Deputy Commissioner, specifying the 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 the Deputy Commissioner, vest absolutely in State Government, free from all encumbrances and the agricultural labourer shall be entitled to be registered as owner thereof."

¶4It 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 habitation'. 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 as 'unrecorded habitation'. From a perusal of the RTC extract and revenue records, it is evident that the name of the petitioners were entered in the same and that the petitioners are the khatedar of the said land.

¶5In that view of the matter, the writ petition is allowed. The impugned notification at Annexure-F dated

23.12.2021 bearing No.RRT.CR/288/2016-17 is hereby quashed and set aside. Consequently, it is hereby directed that the respondents - Tahsildar, Malavalli Taluk and the Deputy Commissioner, Mandya District, shall immediately restore the name of the petitioners in the revenue records.

Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.

Sd/- (R DEVDAS) JUDGE

RB