AKBARSAB v. THE DEPUTY COMMISSIONER

(BY SRI. N. RAMAKRISHNA FOR SRI M.R. HIREMATHAD, ADVOCATE) AND:

#1. THE DEPUTY COMMISSIONER, SHIVAMOGGA -DISTRICT, SHIVAMOGGA - 577301

#2. THE ASSISTANT COMMISSIONER, BHADRAVATHI SUB-DIVISION, BHADRAVATHI, SHIVAMOGGA - 577301.

#3. THE THAHASILDAR, BHADRAVATHI TALUK, BHADRAVATHI, - 2 - NC: 2026:KHC:10704 WP No. 5186 of 2026 HC-KAR SHIVAMOGGA DISTRICT 577 301. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO QUASHING THE NOTIFICATION DATED 17-11-2025, BEARING NO-SMDGC. KAM.GRA.46/2025-26, ISSUED BY THE RESPONDENT NO-1, PRODUCED AT ANNEXURE-B. CONSEQUENTLY QUASH THE FURTHER PROCEEDINGS IN PURSUANCE OF THE IMPUGNED NOTIFICATION BY DIRECTING THE RESPONDENT NO-3 TO RESTORE THE RTC/ REVENUE ENTRIES IN THE NAME OF THE PETITIONER NO-1 AND IN THE NAME OF THE GRANDFATHER OF THE PETITIONER NO-2 AS PER ANNEXURE-A AND PASS SUCH OTHER ORDER OR DIRECTION IN THE INTEREST OF JUSTICE AND EQUITY. 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 takes notice for respondents.

#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 - NC: 2026:KHC:10704 WP No. 5186 of 2026 HC-KAR

#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 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 - 4 - NC: 2026:KHC:10704 WP No. 5186 of 2026 HC-KAR 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.

#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 - 5 - NC: 2026:KHC:10704 WP No. 5186 of 2026 HC-KAR 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. 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 Annexures-A and D it is evident that the names of the petitioners were - 6 - NC: 2026:KHC:10704 WP No. 5186 of 2026 HC-KAR 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-B dated

17.11.2025 bearing No.SMGDC.Kam. Gra./46/2025-26, issued by respondent No.1 is hereby quashed and set aside. Consequently, it is hereby directed that the respondent No.3 - Thahsildar, Bhadravathi Sub-Division, Bhadravathi Taluk and respondent No.1 - Deputy Commissioner, Shivamogga District, 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.: 11