Kali Bai Vs the State of Karnataka

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION BEARING NO. SMGDC.RV.28/2025-26 DATED 31.10.2025 ISSUED BY RESPONDENT NO.2 AS PER ANNEXURE-A AND ETC.,

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IN WP NO. 38055/2025

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BETWEEN:

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KALI BAI

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W/O LATE CHANDRANAIKA AGED ABOUT 54 YEARS NELLISARA, BHADRAVATHI, SHIVAMOGGA KARNATAKA-577451.

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MOHANA S/O JUNJANAIK AGED ABOUT 42 YEARS

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SEVALAL TEMPLE BACK SIDE

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HC-KAR

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NELLISSARA, SHANKARAGHATT BHADRAVATI, SHIMOGA-577451.

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...PETITIONERS

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(BY SRI. SHRAVAN BHARADWAJ B V.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560001.

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THE DISTRICT COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA-577201.

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THE ASSISTANT COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA-577201.

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THE TAHSILDAR, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577 301.

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...RESPONDENTS

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(BY SMT. NAVYA SHEKHAR., AGA)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED NOTIFICATION BEARING NO. SMGDC. RV. (2E) CR. 9/2022-23 DATED 23.09.2022 AND THE AMENDED NOTIFICATION DATED 23.01.2023 ISSUED BY RESPONDENT NO. 2 UNDER

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HC-KAR

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SECTION 38-A OF THE KARNATAKA LAND REFORMS ACT, 1961, PRODUCED AS ANNEXURE-A AND A1 AND ETC.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE R DEVDAS

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ORAL ORDER

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Although, the matter is coming up for preliminary

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hearing, with the consent of the learned counsel for petitioner and the learned Additional Government Advocate the matters are taken up for final disposal.

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In these writ petitions, the petitioners are

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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.

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3. Learned counsel for the petitioners submits

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that there are several judgments of this Court including

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HC-KAR

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a batch of writ petitions in W.P.No.101121/2022 and

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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

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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

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HC-KAR

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Commissioner will have to record such a statement that

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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.

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Learned Additional Government Advocate

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however points out to Annexure-E, where a notice has been issued by the Deputy Commissioner to the petitioner calling for information or objections. However, this Court has to notice the fact that at Annexure-F is the reply or objections given by the petitioner which also contains the seal and signature of the Office of the Deputy Commissioner for having received the same on 23.09.2025. However, in the impugned notice nothing is stated regarding the objections raised by the petitioner and consideration of the same at the hands of the Deputy Commissioner.

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This Court has also considered the powers of the Deputy Commissioner as contained in Section 38A(1). The provision reads as follows;

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HC-KAR

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“(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.”

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HC-KAR

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It is therefore clear that if the revenue

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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’. This Court has no hesitation to hold that having regard to the admitted fact that notice has been issued by the Deputy Commissioner at Annexure-E stating that the petitioner is the kathedar, then the Deputy Commissioner will not be permitted to proceed further to declare the lands in question as ‘unrecorded habitation’.

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In that view of the matter, the writ petitions

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are allowed . The impugned notification at Annexure-A dated 31.10.2025 bearing No.SMGDC.RV.28/2025-26

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HC-KAR

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and in W.P.No.38049/2025 and Annexure–A dated 23.09.2022 bearing No.SMGDC.RV.(2E) CR.9/2022-23 and the amended notification dated 23.01.2023 in W.P.No.38055/2025, are hereby quashed and set aside. Consequently, it is hereby directed that respondents - Tahsildar, Bhadravathi Taluk and the Deputy Commissioner, Shivamogga District, shall immediately restore the name of the petitioners in the revenue records.

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Sd/(R DEVDAS) JUDGE

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KLY CT: JL

Kali Bai v. the State of Karnataka

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Kali Bai v. the State of Karnataka

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