- 1 - HC-KAR NC: 2026:KHC:7788 WP No. 1044 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 1044 OF 2026 (LR) BETWEEN: 1. SMT. CHITASHEKARAMMA W/O LATE KARIYAPPA, AGED ABOUT 78 YEARS, 2. SRI. K. NARAYANA S/O LATE KARIYAPPA, AGED ABOUT 62 YEARS, 3. SRI. K. MURTHY S/O LATE KARIYAPPA, AGED ABOUT 50 YEARS, ALL ARE R/AT. KODIYALAKARENAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT. …PETITIONERS (BY SRI. JAYARAJA A.T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7788 WP No. 1044 of 2026 2. THE DEPUTY COMMISSIONER RAMANAGARA, BENGALURU SOUTH DISTRICT, KARNATAKA-571 231. …RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: (A) QUASHING THE IMPUGNED NOTICE BEARING NO.E-717323/2025 DATED 09-07-2025 ISSUED BY THE DEPUTY COMMISSIONER, RAMANAGARA DISTRICT I.E., ANNEXURE-AB; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondent Nos.1 and 2. 2. In this writ petition, the petitioners are aggrieved of the impugned Notice dated 09.07.2025 at Annexure-A issued by the Deputy Commissioner, Ramanagara District, exercising powers under Section 38A of the Karnataka Land Reforms Act, 1961 (for short 'KLR Act') declaring certain areas as ‘unrecorded habitation’, which also includes the lands belonging to the petitioners. - 3 - HC-KAR NC: 2026:KHC:7788 WP No. 1044 of 2026 3. 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 KLR 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 KLR 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 - 4 - HC-KAR NC: 2026:KHC:7788 WP No. 1044 of 2026 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. 4. 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 - 5 - HC-KAR NC: 2026:KHC:7788 WP No. 1044 of 2026 absolutely in the State Government, free from all encumbrances and the agricultural labourer shall be entitled to be registered as owner thereof.” 5. 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 to declare the same as ‘unrecorded habitation’. 6. From a perusal of the RTC extract and revenue records at Annexure-D, it is evident that the name of the father of petitioner Nos.2 and 3 and husband of petitioner No.1 and another were entered in the same and that they are the Khatedars of the said land. 7. In that view of the matter, I pass the following: - 6 - HC-KAR NC: 2026:KHC:7788 WP No. 1044 of 2026 ORDER i. The writ petition is allowed. ii. The impugned Notice at Annexure-A dated 09.07.2025 bearing No.E-717323 is hereby quashed and set aside. iii. Consequently, it is hereby directed that the Deputy Commissioner, Ramanagara District, shall immediately restore the names 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 TL List No.: 1 Sl No.: 4