SMT. GIRIJAMMA v. THE STATE OF KARNATAKA

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF REVENUE, MS BUILDING, AMBEDKAR VEEDI, BENGALURU-560001. THE DIRECTOR REVENUE CELL FOR CREATION OF REVENUE VILLAGE AND IN CHARGE DEPUTY SECRETARY FOR GOVERNMENT DEPARTMENT OF REVENUE, MS BUILDING, AMBEDKAR VEEDI, BENGALURU-560001. THE DEPUTY COMMISSIONER, HAVERI-581 110, TQ/DIST: HAVERI. THE ASSISTANT COMMISSIONER, SAVANUR SUB-DIVISION, SAVANUR- 581 118, TQ. SAVANUR & DIST: HAVERI. THE TAHSILDHAR, HANGAL, HANGAL-581 104, TQ. HANGAL, DIST: HAVERI. MANJANNA E

MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH +0530 - 2 - NC: 2026:KHC-D:329 WP No. 110053 of 2025 HC-KAR

SMT. SHOBHA SHEKHAPPA SAKANALLI AGE: MAJOR, OCC: AGRICULTURE, R/O: SAVIKERI VILLAGE-581 104, TQ. HANGAL & DIST: HAVERI.

SMT. CHANNABASAVVA BASAVANTHAPPA GUDAGUDI, AGE: MAJOR, OCC: AGRICULTURE, R/O: SAVIKERI VILLAGE -581 104, TQ. HANGAL & DIST: HAVERI.

SMT. MAHBOOBI GAUSUSABA ATTIKATTI AGE: MAJOR, OCC: AGRICULTURE, R/O: SAVIKERI VILLAGE -581 104, TQ. HANGAL & DIST: HAVERI.

SMT. NEELAVA RAMAPPA JALAGOR AGE: MAJOR, OCC: AGRICULTURE, R/O: SAVIKERI VILLAGE -581 104, TQ. HANGAL & DIST: HAVERI.

SHRI. RAJAPPA SHANKRAPPA SATHENALLI AGE: MAJOR, OCC: AGRICULTURE, R/O: SAVIKERI VILLAGE -581 104, TQ. HANGAL & DIST: HAVERI.

SHRI. NAZIRA SAHAB RAJESABA AKKIVALLI AGE: MAJOR, OCC: AGRICULTURE, R/O: SAVIKERI VILLAGE -581 104, TQ. HANGAL & DIST: HAVERI.

SHRI. MARDANASAB AKKIVALLI AGE: MAJOR, OCC: AGRICULTURE, R/O: SAVIKERI VILLAGE -581 104, TQ. HANGAL & DIST: HAVERI.

SMT. RESHMA BANU MULLA AGE: MAJOR, OCC: AGRICULTURE, R/O: SAVIKERI VILLAGE -581 104, TQ. HANGAL & DIST: HAVERI.

SHRI. HALLMABI INAMDHAR AGE: MAJOR, OCC: AGRICULTURE, R/O: SAVIKERI VILLAGE -581 104, TQ. HANGAL & DIST: HAVERI.

SHRI. ABDUL RAZAK INAMDHAR - 3 - NC: 2026:KHC-D:329 WP No. 110053 of 2025 HC-KAR AGE: MAJOR, OCC: AGRICULTURE R/O: SAVIKERI VILLAGE -581 104, TQ. HANGAL & DIST: HAVERI.

SMT. FATIMABI PEERSAB THIMAPUR TRAGE: MAJOR, OCC: AGRICULTURE, R/O: SAVIKERI VILLAGE -581 104, TQ. HANGAL & DIST: HAVERI.

SMT. FATIMA BASHASAB PATHAN AGE: MAJOR, OCC: AGRICULTURE, R/O: SAVIKERI VILLAGE -581 104, TQ. HANGAL & DIST: HAVERI.

SMT. MUBINA AMIRSABAH ATTIKATTI AGE: MAJOR, OCC: AGRICULTURE, R/O: SAVIKERI VILLAGE -581 104, TQ. HANGAL & DIST: HAVERI.

SHRI. HONDAD IMATIZ AGE: MAJOR, OCC: AGRICULTURE, R/O: SAVIKERI VILLAGE -581 104, TQ. HANGAL & DIST: HAVERI.

SHRI. ISMAIL BASHASAB HONDAD AGE: MAJOR, OCC: AGRICULTURE, R/O: SAVIKERI VILLAGE -581 104, TQ. HANGAL & DIST: HAVERI.

SMT. MANJAKKA ARALESHWAR AGE: MAJOR, OCC: AGRICULTURE R/O: SAVIKERI VILLAGE -581 104, TQ. HANGAL & DIST: HAVERI. &RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, QUASHING THE IMPUGNED NOTIFICATION BEARING NO. KAMGRA/CR:15/2024-25 DATED 14.10.2024 ISSUED BY THE RESPONDENT NO.3 AS PER ANNEXURE-C AND CONSEQUENTIALLY A WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 17.10.2025 ISSUED BY THE RESPONDENT NO. 4 IN NO. PÀæ.¸ÀA.PÀA.UÁæ:ªÀ»:42:2024 AS PER ANNEXURE-J AND ETC. - 4 - NC: 2026:KHC-D:329 WP No. 110053 of 2025 HC-KAR THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER The petitioner has called in question the notification dated 14.10.2024 issued by respondent No.3 (Annexure-C) and the consequential order dated 17.10.2025 passed by respondent No.4 (Annexure-J), whereby, by exercising powers under Section 38A of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as <the KLR Act= for short), the land belonging to the petitioner in Survey No.120 measuring an extent of 4 acres and 23 guntas, out of which 26 guntas is recorded as unrecorded habitation.

Brief facts of the case: The petitioner claims to be the owner and in lawful possession of the subject land. The revenue records (RTC) reflect the petitioner9s name as the holder of the land while so, respondent No.3 issued a notification dated 14.10.2024, - 5 - NC: 2026:KHC-D:329 WP No. 110053 of 2025 HC-KAR followed by another notification dated 08.11.2024 proposing action under Section 38A of the KLR Act. The petitioner submitted detailed objections on

27.12.2024, 06.01.2025 and thereafter, on 05.05.2025 and

29.05.2025, all of which were duly acknowledged by the authorities. It is the case of the petitioner that the impugned order dated 14.10.2024 came to be passed by respondent No.3 without adverting to the objections filed by the petitioner. Aggrieved by the said action, the petitioner has approached this Court in this writ petition.

Heard the learned counsel appearing for the petitioner and learned High Court Government Pleader appearing for the respondent/State.

Learned counsel for the petitioner submits that the impugned notification and the order are vitiated by non- application of mind in as much as none of the objections raised by the petitioners have been considered. It is - 6 - NC: 2026:KHC-D:329 WP No. 110053 of 2025 HC-KAR contended that the impugned order is a non-speaking order and passed in violation of the principles of natural justice.

5. Learned counsel for the petitioner submits that the issue involved in the present petition is squarely covered by the decisions of the co-ordinate Benches of this Court in Mohammedhanif Pattesab Nadaf and Others v. State of Karnataka and Others1 and Parasappa Chatrappa Gollara and Another v. State of Karnataka and Others2.

6. Per contra, learned Additional Government Advocate appearing for the respondents/State justifies the impugned action contending that the Deputy Commissioner has acted in accordance with law and the petitioner has no vested right to stall the proceedings. It is submitted that the impugned order does not warrant any interference.

7. Having regard to the rival submission and on perusal of the material on record, it is evident that the 1 W.P. No.100648 of 2025, dated 31.01.2025 2 W.P. No.103974 of 2022, dated 28.02.2025 - 7 - NC: 2026:KHC-D:329 WP No. 110053 of 2025 HC-KAR name of the petitioner is reflected in revenue records. Despite the same, respondent No.3-Deputy Commissioner without verifying the revenue records wherein the name of the petitioner is recorded, has issued the impugned notification dated 14.10.2024 under Section 38A of the KLR Act. Section 38A of the KLR Act reads thus: Lambani habitations labourer.- [38A. Grant of certificate of ownership to an agricultural (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 Tanda, unrecorded Gollarahatti, Kurubarhatti, Vaddarahatti, 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 (Ame ndment) Act, 2016, the Deputy Commissioner, specifying the survey numbers and boundaries in the pre scribed manner, such dwelling house or houses along w ith 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. is notified as such by (2) Every agricultural labourer entitled to be registered as a owner under sub-section (1) may make an application to the Assistant Commissioner or any other officer authorized by the State Government, in the prescribed manner on or before - 8 - NC: 2026:KHC-D:329 WP No.

110053 of 2025 HC-KAR completion of one year from the date of notification by the Deputy Commissioner under sub-section (1) and the Assistant Commissioner or the officer authorized, shall after such enquiry as may be prescribed, by order, determine the person entitled to be registered as owner and the dwelling house and land in respect of which he is entitled to be so registered and such other matters as may be prescribed and forward a copy of the Order to the Tahasildar. the agricultural labourer, the amount determined, (3) The Tahasildar shall, on receipt of the order passed under subsection(2) determine in the manner specified in sub-sections (1) and (2) of section 47, the amount of the land owner shall be entitled to, for the extinguishment of his rights in such land on payment of Government, by Tahasildar shall issue a notification to this effect and also issue a certificate to such labourer specifying the extent and such other particulars as may be prescribed relating to such dwelling house and land and that he shall be registered as owner thereof.

A copy of the certificate shall be forwarded by the shall, Tahasildar notwithstanding Registration Act, 1908 (Central Act 16 of 1908) register the same. The owner of the land shall be paid the amount remitted by the agricultural labourer in cash in a lump sum. anything sub-registrar who contained (4) The provisions of sub-sections (2) and (3) of section 38 shall, so as may be, apply and the reference to "Tribunal" shall be construed as being reference to Assistant commissioner or officer authorized. (5) The provisions of section 61 shall apply to a dwelling house or site granted under this section to an agricultural labourer as they apply to a land in respect of which a tenant has been registered as an occupant.] - 9 - NC: 2026:KHC-D:329 WP No. 110053 of 2025 HC-KAR

8. The above provision empowers the Deputy Commissioner to identify and reserve lands for public purposes. Where the name of a private individual is reflected in the revenue records, the Deputy Commissioner is bound to issue notice and if objections are filed to consider the same, Section 38A of the KLR Act, is not a substitute for acquisition proceedings and cannot be invoked to deprive a landlords of property without due process of law. The Co-ordinate Bench of this Court in the case of Mohammedhanif Pattesab Nadaf (Supra) has held at para Nos.8, 9 and 10, which reads as under: <8. In the event of any entries available in the revenue records, notices would necessarily have to be issued to the persons named in the said revenue records. In the event of no entries in revenue records being available, the notifications issued under Section 38A of the Karnataka Land Reforms Act, 1961, would have to record such a statement so that the same could be verified in the event of any challenge being made.

9. Respondent No.1 is directed to issue necessary instructions to all the Deputy Commissioners coming under his jurisdiction in respect of the above observations.

10. In view of the above, I pass the following: - 10 - NC: 2026:KHC-D:329 WP No. 110053 of 2025 HC-KAR i) ii) iii) iv) ORDER Writ petition is allowed. A Writ of certiorari is issued. The notification dated 14.10.2024 bearing No.KAMGRA/CR:16/ 2024-25 at Annexure-F insofar as Sy.No.104/1 is concerned is quashed. In the event of the Deputy Commissioner coming to the conclusion that the said lands are required for any public purpose, the Deputy Commissioner would be at liberty to initiate such proceedings for acquisition in terms of the applicable law. Though the above petition is disposed re-list on 28.02.2025 to enable respondent No.1 to place the instructions issued to the Deputy Commissioners on record.=

9. This Court held that where entries exist in the revenue records, notice is required to be issued to the persons whose names are reflected therein and objections must be duly considered.

10. In the present case, the impugned order dated

17.10.2025 is conspicuously silent on the objections raised by the petitioner and does not disclose any reasons. Such an order cannot be sustained in law. - 11 - NC: 2026:KHC-D:329 WP No. 110053 of 2025 HC-KAR