Sri Hanumanthappa v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 9685 OF 2026 (LR) BETWEEN:

SRI.HANUMANTHAPPA S/O LATE BHIMAPPA AGED ABOUT 70 YEARS RESIDING AT AJJIHALLI, CHANNAGIRI TALUKA KASABA HOBLI, AJJIHALLI POSTS DAVANGERE DISTRICT-577 213. …PETITIONER (BY SRI. RAGHAVENDRA G. GAYATRI, ADVOCATE) AND:

¶1THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY ITS PRINCIPAL SECRETARY (REVENUE) M.S BUILDING, AMBEDKAR VEEDHI, BANGALORE-560 001.

¶2THE DEPUTY COMMISSIONER ZILLA ADALITHA BHAVAN, HARIHARA ROAD, NEAR GMIT COLLEGE, DAVANGERE-577 006.

by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA NC:(2026:KHC:18331( WP(No.(9685(of(2026( ( , ,,HC-KAR( ( (

3., THE,ASSISTANT,COMMISSIONER, OFFICE,OF,THE,ASSISTANT,COMMISSIONER,, NEAR,RAILWAY,STATION,, DAVANGERE-,577,002., ,

4., THE,TAHSILDAR, MINI,VIDHANA,SOUDHA,, CHENNAGIRI-,577,213., ,

5., THE,ADDITIONAL,DIRECTOR,OF,LAND,RECORDS, DEVARAJ,URS,BADAVANE,B,BLOCK,,, DAVANGERE-,577,006., …RESPONDENTS, (BY,SRI.,V.SESHU,,HCGP), , THIS, WP, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, CALL, FOR, RECORDS,AND,ISSUE,A,WRIT,OF,CERTIORARI,OR,ANY,OTHER, APPROPRIATE, WRIT,, ORDER, OR, DIRECTION, QUASHING, THE, IMPUGNED, ORDER/NOTIFICATION, DATED, 19.09.2025, BEARING, NO.RRT/CR/164/2025-26, PASSED, BY, RESPONDENT, NO.2(VIDE, ANNEXURE-A), CONSEQUENTLY, THE, MUTATION, DATED, 06.10.2025,, BEARING, MR, NO.T9/2025-26, (VIDE, ANNEXURE-B),AND,RTC,DATED,06.10.2025,(VIDE,ANNEXURE-C), IN, SO, FAR, AS, IT, RELATES, TO, THE, PETITIONER'S, LAND, BEARING, SY.NO.46/5A1, OF, AJJIHALLI, VILLAGE,, CHENNAGIRI, TALUK,,DAVANGERE,DISTRICT,,KARNATAKA,,AND,ETC., , THIS, PETITION,, COMING, ON, FOR, ORDERS,, THIS, DAY,, ORDER,WAS,MADE,THEREIN,AS,UNDER:, ,

CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

Learned High Court Government Pleader is directed to take notice for all the respondents.

¶2Although, the matter is coming up for orders, with the consent of the learned counsel for petitioner and the learned High Court Government Pleader the matter is taken up for final disposal.

¶3In this writ petition, the petitioner is aggrieved of the impugned notification issued by the Deputy Commissioner exercising powers under Section 38A of the Karnataka Land Reforms Act, 1961 declaring certain areas as 'unrecorded habitation', which also includes the lands belonging to the petitioner.

¶4Learned counsel for the petitioner 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 1961 have been issued by 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, the Deputy Commissioner can fall back on the said information.

¶5This 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 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 the State Government, free from all encumbrances and the agricultural labourer shall be entitled to be registered as owner thereof."

¶6It 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 the 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 khatedar, then it would divest the Deputy Commissioner from power to proceed as 'unrecorded habitation'. From a perusal of the RTC extract and revenue records at Annexure-C series 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, the writ petition is allowed. The impugned notification at Annexure-A bearing No.RRT/CR/164/2025-26 is hereby quashed and set aside. Consequently, it is hereby directed that respondents - Tahsildar, Chennagiri Taluk and the Deputy

Commissioner, Davanagere District, shall immediately restore the name of the petitioner in the revenue records.

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

GPG List No.: 1 Sl No.: 7