Karnataka High CourtProperty and Real Estate LawAdministrative and Public Law

Revenue authorities cannot reduce recorded land extent without notice, inquiry, and compliance with Article 300A.

SHIVANAND S/O NIJAGUNAYYA BABALADIMATHv.THE STATE OF KARNATAKA

Revenue authorities cannot reduce recorded land extent without notice, inquiry, and compliance with Article 300A.. SHIVANAND S/O NIJAGUNAYYA BABALADIMATH vs THE STATE OF KARNATAKA. Karnataka High Court. LawLens
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In brief

The question

Whether the Assistant Commissioner could reduce the land extent in the revenue records without notice to the affected petitioners or conducting an inquiry.

The court held

The High Court allowed the petition and quashed the Assistant Commissioner’s and Deputy Commissioner’s orders.

It also directed

It remitted the matter to the Assistant Commissioner to conduct an inquiry, hear the petitioners, and give reasons for any proposed reduction in the recorded extent.

If the land was reduced because it had been used for a public purpose, the petitioners were entitled to seek compensation under the applicable law; the parties remained at liberty to take further steps in accordance with law.

01Facts

The petitioners claimed ownership and possession of 2 acres 8 guntas in Sy. No. 57, relying on revenue entries and a family partition recorded in a compromise in O.S. No. 1328/2014.

¶ 2

The Assistant Commissioner reduced the recorded extent to 2 acres 1 gunta; the petitioners contended that this was done without notice or inquiry.

¶ 2, 9

The Deputy Commissioner dismissed their review petition.

¶ 3, 7, 10

The State submitted that 11 guntas had been used by the PWD Department for canal construction.

¶ 3, 7, 10

02Issues

i.Whether the Assistant Commissioner could reduce the land extent in the revenue records without notice to the affected petitioners or conducting an inquiry.

¶ 5, 9–10

ii.Whether the reduction could be sustained on the ground that 11 guntas had been used for a public purpose, without addressing the petitioners’ constitutional property and compensation rights.

¶ 10

03Law Applied

Article 300A of the Constitution protects a person from deprivation of property except in accordance with law. Although the State may exercise its power of eminent domain for public purposes, that power must be exercised consistently with Article 300A; the State’s assertion that land was used for a public purpose does not, by itself, permit revenue authorities to alter the land extent without notice and an inquiry, or to disregard any applicable entitlement to compensation.

¶ 10

No specific statute or precedent was cited.

¶ 10

04Reasoning

The Assistant Commissioner’s order did not disclose that notice had been issued or an inquiry held before the recorded extent was reduced.

¶ 9

The Deputy Commissioner noted that 11 guntas had been acquired for canal construction, but the asserted public purpose did not dispense with the need for a lawful process or resolve the petitioners’ claim to compensation.

¶ 10

The orders therefore could not stand, and the matter required reconsideration after giving the petitioners an opportunity to be heard and providing reasons for any reduction.

¶ 11

05Holding

The High Court allowed the petition and quashed the Assistant Commissioner’s and Deputy Commissioner’s orders.

¶ 11(i)–(ii)

It remitted the matter to the Assistant Commissioner to conduct an inquiry, hear the petitioners, and give reasons for any proposed reduction in the recorded extent.

¶ 11(iii)

If the land was reduced because it had been used for a public purpose, the petitioners were entitled to seek compensation under the applicable law; the parties remained at liberty to take further steps in accordance with law.

¶ 11(iv)–(vi)
Karnataka High Court

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SHIVANAND S/O NIJAGUNAYYA BABALADIMATHvsTHE STATE OF KARNATAKA

Karnataka High Court · September 29, 2026

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