Karnataka HC modifies interim order, allows proceedings against HDK based on summons issued in land dispute case

The Bench passed the order after hearing the appeal filed by the state government, questioning the interim order, on a petition filed by Kumaraswamy.
Union Minister of Steel and Heavy Industries HD Kumaraswamy.
Union Minister of Steel and Heavy Industries HD Kumaraswamy.(File photo| Shriram BN, EPS)
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BENGALURU: The Karnataka High Court modified the interim order passed by a single judge on June 19, 2025, staying the constitution of a Special Investigation Team (SIT) and summons by the Ramanagara tahsildar to Union Minister of Steel and Heavy Industries HD Kumaraswamy, over an inquiry into a land ownership dispute. The land parcels in question are in Kethaganahalli in Ramanagara district.

A division bench of Chief Justice Vibhu Bakhru and Justice CM Joshi passed the interim order, staying the interim order of stay granted by the single judge for summons by the tahsildar. However, the Bench did not interfere with the stay on constitution of the SIT. The Bench passed the order after hearing the appeal filed by the state government, questioning the interim order, on a petition filed by Kumaraswamy.

The tahsildar issued summons dated May 29, 2025, under Section 28 of the Karnataka Land Revenue Act, 1964, following constitution of the SIT on January 28, 2025, by the Revenue department.

Stating that he is the absolute owner of the land, Kumaraswamy challenged the legality of the order, and contended that he had acquired the agricultural land in 1985 under different sale deeds, and that revenue entries stand in his name. However, the Ramanagara tahsildar intimated him in March 2025 that a resurvey would be conducted of land under Survey Nos. 7 and 8, which includes his land.

The high court stayed the notice while hearing his petition challenging the amendment to Section 104 of the Karnataka Land Revenue Act.

Proceedings, however, were initiated against him after the SIT was constituted, under Section 195 of the Karnataka Land Revenue Act and Section 8 of the Karnataka Land Grabbing Prohibition Act. But no notification was issued by the State government. Therefore, the order constituting the SIT is unsustainable.

Advocate-General K Shashi Kiran Shetty contended before the division bench that Section 195 has been erroneously referred to in the order dated January 28, 2025, and the state government has not delegated any of its powers. The HC adjourned the hearing to September 22.

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