- 1 - HC-KAR NC: 2026:KHC:4688 WP No. 2137 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH 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, 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, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4688 WP No. 2137 of 2026 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, - 3 - HC-KAR NC: 2026:KHC:4688 WP No. 2137 of 2026 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 - 4 - HC-KAR NC: 2026:KHC:4688 WP No. 2137 of 2026 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 - 5 - HC-KAR NC: 2026:KHC:4688 WP No. 2137 of 2026 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 - 6 - HC-KAR NC: 2026:KHC:4688 WP No. 2137 of 2026 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.” - 7 - HC-KAR NC: 2026:KHC:4688 WP No. 2137 of 2026 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 - - 8 - HC-KAR NC: 2026:KHC:4688 WP No. 2137 of 2026 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