Full Judgment Text
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WP No. 2137 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 2137 OF 2026 (LR)
BETWEEN:
1. SRI R RUDRAPPA
S/O. SANNA TAMMAPPA,
AGED BOUT 72 YEARS,
2. SRI. NAGENDRAPPA. S
S/O. SANNA TAMMAPPA,
AGED ABOUT 62 YEARS,
SRI. RANGAPPA DEAD BY HIS LR'S
3. SMT, LALITAMMA,
W/O. LATE. RANGAPPA,
AGED ABOUT 57 YEARS,
Digitally signed
by
SHARADAVANI
B
Location: High
Court of
Karnataka
4. SRI. LOKESHAPPA,
S/O LATE. RANGAPPA,
AGED ABOUT 39 YEARS,
5. SRI. VASANTH.
S/O LATE. RANGAPPA,
AGED ABOUT 37 YEARS,
6. SMT. RADHA.
D/O. LATE. RANGAPPA,
AGED ABOUT 33 YEARS,
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SRI. YEKANTHAPPA DEAD BY HIS LR'S
7. SMT SUVARNA,
W/O, LATE. YEKANTHAPPA,
AGED ABOUT 46 YEARS,
8. SRI.KARTHIK. S.A.
S/O. LATE. YEKANTHAPPA,
AGED ABOUT 25 YEARS,
9. MR. KEERTHIKUMAR. S.A,
S/O. LATE. YEKANTHAPPA,
AGED ABOUT 24 YEARS,
10. SMT. KAVANA.
D/O. LATE. YEKANTHAPPA,
AGED ABOUT 21 YEARS,
ALL ARE R/O KUDUREKOND VILLAGE
BELAGUTTI HOBALI, NYAMATHI TALUK,
DAVANAGERE DIST-577223
…PETITIONERS
(BY SRI. CHANDRASHEKAR RODNAVAR., ADVOCATE)
AND:
1. STATE OF KARNATAKA
PRINCIPLE SECRETARY
REVENUE DEPORTMENT,
MS BUILDING, AMBEDKAR VEEDHI
BANGALORE-560001.
REPRESENT BY THEIR PLEADER.
2. THE DEPUTY COMMISSIONER,
DAVANAGERE DIST, DAVANAGERE-577223,
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3. THE ASSISTANT COMMISSIONER,
HONNALI TALUK,
DAVANAGERE DISTRICT-577223.
4. THE TASHILDAR,
NYAMATHI TALUK,
DAVANAGERE DISTRICT-577223,
5. THE PDO YARAGANALA GRAMA
PAMCHAYATH, BELAGUTTI HOBALI,
NYAMATHI TALUK,
DAVANAGERE DISTRICT-577223.
…RESPONDENTS
(BY SMT.SHAM NAVYA SHEKHAR, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ARBITRARY PROCEEDINGS NOTIFICATION VIDE OF THE
PRELIMINARY RRT/CR,NO, 188/25-26 DATED 09-09-2025
ISSUED NO, BY THE 2ND RESPONDENT VIDE ANNEXURE K AND
CONSEQUENTLY FOLLOWED FINAL NOTIFICATION IN NUMBER
RRT/CR,NO, 188/25-26 DATED 24/11/2025 ISSUED BY DC
DAVANAGERE VIDE ANNEXURE L BASED ON THE ARBITRARY
AND ILLEGAL MUTATION AND PAHANI ENTRY BY THE 4TH
RESPONDENT TASHILDAR IN ANNEXURE E AND F IN SO FAR
AS PETITIONER CONCERNED TO BE STATED IN PRAYER.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
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ORAL ORDER
Learned Additional Government Advocate takes
notice for respondent Nos.1 to 4. Notice to respondent
No.5 is not necessary for the following reasons.
2. Although, the matter is coming up for
preliminary hearing, with the consent of the learned
counsel for petitioner and the learned Additional
Government Advocate 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
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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
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
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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 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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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-D it is
evident that the name of the petitioner was entered in the
same and that the petitioner is the khatedar of the said
land.
7. In that view of the matter, the writ petition is
allowed
. The impugned notification at Annexure-K dated
09.09.2025 bearing No.RRT/CR/188/2025-26 and
Annexure–L dated 24.11.2025 bearing No.
RRT/CR/188/2025-26 are hereby quashed and set aside.
Consequently, it is hereby directed that respondents -
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Tahsildar, Nyamathi Taluk and the Deputy Commissioner,
Davanagere District, shall immediately restore the name of
the petitioners in the revenue records.
Learned Additional Government Advocate is
permitted to file memo of appearance within a period of
four weeks from today.
Sd/-
(R DEVDAS)
JUDGE
rv
List No.: 1 Sl No.: 26