A challenge to an eviction notice issued by the Tahsildar under the Karnataka Land Revenue Act. Holding that only the Deputy Commissioner is competent to summarily evict unauthorised occupants under Sections 39 and 94(3), the High Court quashed the notice while leaving the competent authority free to act afresh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:39324 WP No. 25581 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.25581 OF 2024 (KLR-RES)
BETWEEN:
SMT.JAYAMMA W/O CHANDRAPPA AGED ABOUT 59 YEARS R/AT SIDDALINGAPURA VILLAGE KUSHALNAGARA HOBLI AND TALUK KODAGU DISTRICT - 571232
…PETITIONER
(BY SRI. H V MANJUNATHA, ADVOCATE)
AND:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT.B.P.RADHA, AGA)
NC: 2024:KHC:39324 WP No. 25581 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT OR ANY OTHER ORDER QUASHING THE NOTICE BEARING NO. T.K.T/ JAAGA(JA.SA)/86/2024-25 DTD 23.08.2024 ISSUED BY THE R-3 UNDER SECTION 39 AND 94 OF THE KARNATAKA LAND REVENUE ACT AT ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned AGA accepts notice for respondents.
notice dated 23.08.2024 issued by respondent No.3 - Tahasildar evidenced at Annexure-A. The said order is under challenge.
evict the unauthorized occupant by exercising power under Section 94(3) of the Karnataka Land Revenue Act, 1964. This Court has also noticed that the power to summarily evict the unauthorized occupant under Sections 94 and 39 of the Karnataka Land Revenue Act is vested with the respondent No.2 - Deputy Commissioner. However, notice in the case on hand is issued under Section 94 of the Karnataka Land Revenue Act.
has also held that respondent No.3 - Tahasildar lacks competency and jurisdiction to summarily evict the unauthorized occupant by exercising power under Section 94(3) of the Karnataka Land Revenue Act, 1964.
NC: 2024:KHC:39324 WP No. 25581 of 2024
Tahasildar, who has issued eviction notice. It is virtually in the nature of final order by exercising power under Section 94(3) of the Karnataka Land Revenue Act. The order under challenge clearly lacks Authority and jurisdiction to summarily evict the petitioner.
ORDER
(i) The writ petition is allowed.
(ii) The impugned notice bearing No.T.K.T/JAAGA(JA.SA)/86/2024-25 dated 23.08.2024 vide Annexure-A issued by
respondent No.3 - Tahasildar is hereby quashed and set-aside.
(iii) However, this order will not come in the way of the Competent Authority to take appropriate action as provided under Section 94(3) of the Karnataka Land Revenue Act.
SD/(SACHIN SHANKAR MAGADUM) JUDGE
NBM
List No.: 1 Sl No.: 34
1 issue framed by the court
Whether the Tahsildar has jurisdiction to issue a summary eviction notice under Section 94(3) of the Karnataka Land Revenue Act, 1964, or whether this power vests in the Deputy Commissioner.
Colour shows how this judgement treated each authority
W.P.No.17761/2022Relied on¶5
3 provisions across 2 enactments
Smt. Jayamma
The State of Karnataka, Revenue Department, represented by its Secretary
The Deputy Commissioner, Kodagu District
The Tahsildar and Taluk Magistrate, Kushalnagara Taluk
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
