Karnataka High Court Stays Govt Order Forming SIT To Probe Allegations Of Land Grabbing Against Union Minister HD Kumaraswamy

The Karnataka High Court on Thursday by way of an interim order stayed the government order forming a Special Investigation Team to probe allegations of land-grabbing against Union Minister of Heavy Industries, HD Kumaraswamy.

Justice E.S. Indiresh passed the order while hearing the petition filed by Kumaraswamy.

Advocate Nishant A V appearing for the petitioner stated that since there was no formal notification issued pursuant to the Government Order forming the SIT, the Court stayed the same until the next date of hearing and issued notice to the respondents.

The government established a five-member special investigation team (SIT) to investigate allegations of land-grabbing. Bengaluru Regional Commissioner Amlan Aditya Biswas is leading the team probing the alleged encroachment of 14.04 acres of government land. Pursuant to which survey is carried out by the revenue officials and summons issued to petitioner.

The plea states that all the proceedings initiated against petitioner are pursuant to constitution of the SIT. The SIT has been constituted under the provisions of Section 195 of the Karnataka Land Revenue Act and Section 8 of the Karnataka Land Grabbing Prohibition Act, 2011.

Section 195. Delegation of powers.-(1) The State Government may, by notification, delegate to any officer or authority sub-ordinate to it, any of the powers conferred on the State Government or any officer sub-ordinate to it under this Act, to be exercised by such officer or authority, subject to such restrictions and conditions, if any, as may be specified in the said notification.

(2) Notwithstanding anything contained in sub-section (1), the State Government shall not delegate any of its powers under Sections 3, 4, 6, 7, 8, 9, 10, 18, 20, 21, 40, 43, 48, 114, 115, 121 or 125 or the power to make rules under Section 197 or the power to remove difficulties under Section 201."

Section 8 of the Karnataka Land Grabbing Prohibition Act, 2011: reads thus.

"8. Authorization of officers. The Government, may, by notification, authorize an officer of the Government, not below the rank of Tahsildar, to be the officer responsible for administration and effecting implementation of the provisions of this Act, initiate legal action against the persons contravening the provisions of this Act and exercise such powers and perform such functions, in respect of such area, as may be specified in the notification."

It is said issuance of a notification is mandatory both under Section 195 of the KLR Act and Section 8 of the Karnataka Land Grabbing Prohibition Act, 2011 for delegation of powers that is not being done, therefore, the Government Order is unsustainable.

Further, since there is no notification, all acts done by the revenue authorities pursuant to the Constitution of the Special Investigation Team, by the state government are bad, untenable and contrary to law and deserve to be quashed.

The petition seeks to set aside the government order dated 28.01.2025 passed by the State government for enquiry into land bearing Sy.no.8, 9, 10, 16 and 79 of Kethiganahalli Village, in Ramanagara taluk. Further to declare all action initiated by the revenue authorities pursuant to the government order as illegal and contrary to law. By way of interim relief it is sought to stay the government order and all further proceedings subsequent thereto as against the petitioner, pending disposal of the present writ petition.

Case Title: HD Kumaraswamy AND State of Karnataka

Case No: WP 17853/2025

Appearance: Senior Advocate Uday Holla for Advocate Nishanth A V for Petitioner.