Setback for Union minister Kumaraswamy as Karnataka HC permits summons by revenue officials in Bidadi land grab probe

The single-judge bench stayed the summons under the Karnataka Land Revenue Act, 1964, after Kumaraswamy argued that an inquiry into the alleged land grab ordered by the state on January 28 was contrary to law and that the summons issued by revenue authorities on May 29 was illegal.

The interim order of June 19 was premised on the argument of Kumaraswamy, Minister of Heavy Industries and Public Enterprises, that a Special Investigation Team (SIT) constituted by the state government through the January 28 order was contrary to law since no notification under Section 195 of the Karnataka Land Revenue Act, 1964 had been issued by the state for the creation of the SIT.

On Monday, in the course of the hearing of a writ appeal filed by the state government against the June 19 order of the single judge, Advocate General K Shashikiran Shetty told the division bench that a reference to Section 195 of the KLRA, 1964, was an error in the January 28 order of the government to constitute an SIT to probe the land grab allegations.

The AG argued that the state government had not delegated any of its powers to the SIT as claimed by Kumaraswamy in his petition before the single judge and that the summons of May 29 was issued under the KLRA by the state through the revenue officer.

The division bench noted that the KLRA grants powers to revenue officers to take evidence, summon persons to give evidence and produce documents under section 28 of the law.

“Undisputedly, the Tahsildar is empowered to take evidence on oath and to summon any person whom he considers necessary for the purpose of any inquiry which the officer is legally empowered to undertake. There appears to be no cavil that the Tahsildar has the power to conduct an inquiry,” the division bench noted.

Given the powers of revenue officers, “we are prima facie of the view that the impugned order staying summons dated 29.05.2025 is not sustainable. Further, no irreparable loss would be caused if the inquiry being conducted by the Tahsildar is not interdicted,” the HC said.

“We, accordingly, stay the impugned order to the extent that it stays the summons dated 29.05.2025, till the next date of hearing,” the HC said while posting the appeal for a next hearing on September 22.

Background of allegations against Kumaraswamy and others

The Congress government in Karnataka ordered the constitution of an SIT to probe alleged land grab by several prominent people in the Ramanagara region bordering Bengaluru in January, including properties now belonging to Kumaraswamy.

The government informed the Karnataka High Court on January 29 about the order on January 28 for the creation of an SIT to probe the alleged land grab in parts of the Ramanagara district. The state made the submissions in the course of a hearing on a contempt plea filed against it by an NGO for failing to recover land identified as being encroached upon.

In 2020, following a petition filed by the NGO Samaj Parivartana Samudaya, the state government gave an undertaking to the HC to recover government land that was allegedly grabbed in the Kethiganahalli village of Bidadi by influential persons. The same year, the NGO filed a contempt petition after the state government failed to report compliance with its undertaking to recover land.

The origin of the allegations

Based on a complaint of land grabbing filed by former Mandya MP G Madegowda, the Karnataka Lokayukta sought a report in 2014 from the local authorities in the then Bengaluru Rural region on the land records in Kethiganahalli village of Bidadi.

Kumaraswamy, his close relative and former MLA D C Thamanna, and an aunt of Kumaraswamy were named in the complaint by the former MP for allegedly grabbing government land with a market value of over Rs 130 crore at the time.

In an order dated August 5, 2014, the Karnataka Lokayukta ordered the recovery of government land if there were no records of grants in favour of private persons.

“The Tahsildar himself is one of the persons who has submitted this joint report. It is an admitted fact that these lands bearing ‘sy.nos.7, 8, 9, 10, 16, 17 and 19 are the Government lands i.e, gomala. The persons who are found to be in possession of these lands mentioned in Annexure-6 with sketch no.6 claim that they have purchased these lands from private persons and that some of these lands were gifted to them,” the Lokayukta said in 2014 regarding the land records.

The Lokayukta directed a full probe by revenue officials and stated that “if it is found that such grants of land were not there then to take necessary legal steps for the recovery of the possession of the Government land from the encroachers and also to initiate criminal action against the persons found trespassing the land and against the guilty officers/officials of the government”.

After the state government delayed the implementation of the Lokayukta directions of 2014, the NGO Samaj Parivartan Samuday approached the Karnataka HC with a writ petition and the court in an order on January 14, 2020, noted a submission of the state AG “that the state will comply with and implement the order dated August 5, 2014 passed by the Karnataka Lokayukta within a period of three months” to dispose the petition.

In December 2020, the NGO filed a civil contempt of court petition against state government officials for failure to comply with the August 5, 2014, directions of the Lokayukta despite the assurances given earlier in the HC.