BENGALURU: The Karnataka High Court on Monday directed the state government not to take coercive steps till March 27 against Union Minister HD Kumaraswamy over the alleged encroachment of government land in Kethaganahalli of Ramanagara taluk.
Justice NS Sanjay Gowda passed the order after recording the undertaking given by the state government while hearing Kumaraswamy’s petition, questioning the legality of the notice dated March 18, 2025. The Ramanagara tahsildar had issued a notice to Kumaraswamy under Section 104 of the Karnataka Land Revenue Act, stating that he has allegedly encroached government land bearing Survey No. 7 to 9 in Kethaganahalli.
Contending that the notice is without the authority of law, bad and untenable, Kumaraswamy said the tahsildar lacks jurisdiction to issue the notice and it is a violation of Sections 104, 94 and 67 of the Karnataka Land Revenue (Third Amendment Act), 2024, which came into effect on January 10, 2025.
His counsel argued the tahsildar issued the notice now, while the land was purchased in 1985. He argued that Kumaraswamy has not been made a party in the contempt proceedings initiated before the HC and it has been challenged before the supreme court on March 22, he argued.
The additional advocate general argued that the tahsildar has the power to issue notice as per the amendment made in 2025. He said time is needed to submit the records supporting tahsildar’s action and till then no coercive steps will be taken against the petitioner.
The court adjourned the hearing to March 27. Kumaraswamy contended that the authorities had initiated proceedings against him on the same land earlier. After he furnished the necessary information and documents, the authorities dropped all proceedings against him. Kumaraswamy said he has all the documents and he has been in lawful possession of the land for almost four decades.
He stated that the notice mentioned four orders or documents, but three were not furnished to him. He alleged that he was not given an opportunity by the authorities before preparing the alleged reports dated February 12 and March 15, 2025. But the officials orally informed him about the survey on March 15, he charged.