Sri Jayavikram Sorake v. The State of Karnataka

NC:(2026:KHC:9522( WP(No.(4987(of(2026( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(17 (DAY(OF(FEBRUARY,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(R(DEVDAS(

WRIT(PETITION(NO.(4987(OF(2026((LR)(

(

BETWEEN:(( ( , SRI,JAYAVIKRAM,SORAKE,

SON,OF,LATE,SRI,CHANDRASHEKAR,SORAKE,, AGED,ABOUT,87,YEARS,, REPRESENTED,BY,HIS,DULY,

APPOINTED,ATTORNEY,, SRI,SURANJIT,SORAKE,, SON,OF,SRI,JAYAVIKRAM,SORAKE,,

AGED,ABOUT,49,YEARS,, , BOTH,ARE,RESIDING,AT:,

NO.15-13-716,,SHIVABAGH,KADRI,,, OPP.,CANARA,BANK,,KADRI,,, MANGALORE-575,002,,

DAKSHINA,KANNADA., …PETITIONER, Digitally signedtiby , LAKSHMI0T (BY,SRI.,OJASWI,,ADVOCATE), Location: , High0Court of0Karnataka AND:( (

1., THE,STATE,OF,KARNATAKA, REPRESENTED,BY,ITS,, CHIEF,SECRETARY,,, VIDHANA,SOUDHA,,, BENGALURU-560,001., ,

2., THE,DEPUTY,COMMISSIONER, DAVANAGERE,DISTRICT,,, DAVANAGERE–577,001., ,

¶3THE TAHSILDAR NYAMATI TALUK, DAVANAGERE DISTRICT-577 223.

¶4THE ASSISTANT COMMISSIONER SUB-DIVISION, DAVANAGERE DISTRICT. …RESPONDENTS

(BY SMT. NAVYA SHEKHAR, AGA)

THIS W.P. IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO: (I) CALLING FOR THE RECORDS RELATING TO THE IMPUGNED PRELIMINARY NOTIFICATION DATED

31.07.2025 BEARING NO.RRT/CR/ 157/2025-26 ISSUED UNDER SECTION 38A OF THE KARNATAKA LAND REFORMS ACT, 1961, MARKED HEREWITH AS ANNEXURE-F AND UPON PERUSAL THEREOF, BE PLEASED TO QUASH AND SET ASIDE THE SAME INSOFAR AS IT RELATES TO THE PETITIONER'S PROPERTY BEARING SURVEY NO.39/1, ADMEASURING 5 ACRES 38 GUNTAS, IN JOGA VILLAGE, BELAGUTTI HOBLI, NYAMATI TALUK, DAVANAGERE DISTRICT; 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 Additional Government Advocate takes notice for all the respondents.

¶2In this writ petition, the petitioner is 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 petitioner.

¶4Learned counsel for the petitioner 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 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 event of any challenge being raised, the Deputy Commissioner can fall back on the said information.

¶5This 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."

¶6It 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'.

¶7From a perusal of the Mutation Register vide Annexure-H, 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.

¶8In that view of the matter, I pass the following: ORDER i. The writ petition is allowed. ii. The impugned Preliminary Notification dated

31.7.2025 at Annexure-F bearing No.RRT/CR/157/2025-26 and the Mutation Order dated 10.10.2025 at Annexure–H bearing No.LND CR-30/2025 are hereby quashed and set aside. iii. Consequently, it is hereby directed that the concerned respondents shall immediately restore the name of the petitioner in the revenue records.

¶9Learned Additional Government Advocate 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.: 36