WP/11736/2026 of SRI SANJAY PATIL G P Vs THE STATE OF KARNATAKA on 16 April 2026

ORAL ORDER

Learned High Court Government Pleader takes notice for respondents No.1 to 4. Notice to respondent No.5 is not ordered for the following reasons:

HC-KAR

2. Although, the matter is coming up for preliminary hearing, with the consent of the learned Counsel for petitioners and the learned High Court Government Pleader the matter is taken up for final disposal.

3. In this writ petition, the petitioners are aggrieved of the impugned notification/Form 2-E issued by the respondent-Deputy Commissioner exercising his 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 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

HC-KAR

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 khathedar, 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 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) of the Act,1961. 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

HC-KAR

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.”

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 khathedar, then it would divest the Deputy Commissioner from power

HC-KAR

to proceed as ‘unrecorded habitation’. From a perusal of the revenue records and RTC at Annexures-A and B, it is evident that the names of the petitioners were entered in the said documents as khathedars of the said land.

7. In that view of the matter, the writ petition is allowed. The impugned notification/Form 2-E at Annexure-H dated 17.09.2025 bearing No.DCCKM- REV/225/2025-C No.972420, is hereby quashed and set aside. Consequently, it is hereby directed that respondents-Tahsildar, Ajjampura Taluk and the Deputy Commissioner, Chikkamagaluru District, shall immediately restore the name of the petitioners in the revenue records.

8. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today.

Sd/- (R DEVDAS) JUDGE DL CT: JL