(BY SRI. SATISHCHANDRA R., ADVOCATE) v. (BY SRI. SHAMANTH NAIK, HCGP)

(BY SRI. SATISHCHANDRA R., ADVOCATE) …PETITIONERS AND:

#1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY IT'S SECRETARY, AMBEDKAR VEEDHI, M.S.BUILDING, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2026:KHC:10700 WP No. 3504 of 2026 HC-KAR VIDHANASOUDHA, BENGALURU 560 001

#2. THE DEPUTY COMMISSIONER, DC OFFICE, MINI VIDHAN SOUDHA, TUMAKURU-572216

#3. THE ASSISTANT COMMISSIONER OF TIPTUR SUB-DIVISION B.H. ROAD, OPPOSITE B.E.O OFFICE TIPTUR, KARNATAKA 572201

#4. THE THAHASILDAR OF GUBBI TALUK MG ROAD, GUBBI, TUMKUR DISTRICT-572216. (BY SRI. SHAMANTH NAIK, HCGP) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS BY QUASHING DRAFT NOTIFICATION UNDER SECTION -38 OF KARNATAKA LAND REFORMS ACT, 1961 AND IN FORM-2 E UNDER RULE-9 (B) SUB-RULE (3) OF KARNATAKA LAND REFORMS RULES-1974 ISSUED BY THE RESPONDENT NO.2 PRODUCED AT ANNEXURE-G FILE NO.DDLRTK- TNL0RV/458/2025 DATED 13.10.2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2026:KHC:10700 WP No. 3504 of 2026 HC-KAR CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondent Nos.1 to 4.

#2. Although, the matter is coming up preliminary hearing, with the consent of the learned counsel for petitioners and the learned High Court Government Pleader, the matter is taken up for final disposal.

#3. In this writ petition, the petitioners are 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 petitioners.

#4. Learned 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 - 4 - NC: 2026:KHC:10700 WP No. 3504 of 2026 HC-KAR 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 - 5 - NC: 2026:KHC:10700 WP No. 3504 of 2026 HC-KAR event of any challenge being raised, the Deputy Commissioner can fall back on the said information.

#5. This 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 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.” - 6 - NC: 2026:KHC:10700 WP No. 3504 of 2026 HC-KAR

#6. It 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 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 at Annexure-A 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.

#7. In that view of the matter, the writ petition is allowed. The impugned notification at Annexure-G dated

13.10.2025 bearing No.DDLRTK-TNLORV/458/2025 hereby quashed and set aside. Consequently, it is hereby directed that the respondent authorities - Tahsildar, Gubbi Taluk and the Deputy Commissioner, Tumakuru District, - 7 - NC: 2026:KHC:10700 WP No. 3504 of 2026 HC-KAR shall immediately restore the names of the petitioners in the revenue records. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE BKN List No.: 1 Sl No.: 3