Union Minister H D Kumaraswamy
Credit: DH Photo/S K Dinesh
Bengaluru: In a minor setback to Union Minister H D Kumaraswamy, a division bench of the High Court of Karnataka has lifted the stay granted by a single bench on summons issued to him in a government land encroachment case at Kethaganahalli in Bidadi hobli of Ramanagara taluk.
A division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi passed the order on a writ appeal filed by the state government. Meanwhile, the stay granted by the single bench on the government order constituting the Special Investigation Team (SIT) remains valid.
On June 19, the single bench had stayed the January 28, 2025, order to constitute a SIT to probe the government land encroachment, along with the May 29 summons issued by the Ramanagara tahsildar to Kumaraswamy.
Appearing for the state government in the writ appeal, Advocate General K Shashikiran Shetty submitted that the order constituting the SIT had erroneously referred to Section 195 of the Karnataka Land Revenue (KLR) Act and that the state government had not delegated any such powers.
He further submitted that the summons was issued under Section 28 of the KLR Act by the Revenue Officer.
After perusing Section 28 of the KLR Act, the division bench noted that the tahsildar was empowered to take evidence on oath and summon any person whom he considers necessary for 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. In view of the above, 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. 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 division bench said while posting the appeal to September 22 for further hearing.
The matter pertains to the implementation of the Lokayukta report directing for the removal of encroachments from government lands in survey numbers 7, 8, 9, 10, 16, 17 and 79 at Kethaganahalli village.
On January 28, 2025, the state government constituted the SIT under Section 195 of the KLR Act and Section 8 of the Karnataka Land Grabbing Prohibition Act to hold an enquiry into ownership and possession of certain pieces of lands of Kethaganahalli village.