Case Note & Summary
The dispute concerned land in Survey No.20 of Chinnappanahalli Village, which had been granted to the petitioner’s grandfather under the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, including cultivable land and attached kharab land. The grant and occupancy rights were confirmed in 1966. Although the Special Deputy Commissioner initially ordered resumption of the land in 2008, the Division Bench later set aside that order and, upon remand, the grant was confirmed as valid in 2016. Subsequent proceedings arose due to lack of notice to a family member, leading to limited remand.
In 2022, the Assistant Director of Land Records issued a notice proposing to earmark 3 acres 27 guntas of the land as B-Kharab for use as a burial ground, pursuant to a public representation and directions in a PIL. The petitioner challenged the notice, contending that the land formed part of his holding and had never been classified as B-Kharab.
The Single Judge set aside the notice, and the State preferred an appeal. The core issue before the Court was whether the authorities could classify the land as B-Kharab without prior classification, public use, or proper survey.
The High Court, examining Rule 21 of the Karnataka Land Revenue Rules, 1966, held that B-Kharab land must either be reserved or used for public purposes such as burial grounds, roads, or tanks. In the present case, no part of the land had been recorded as B-Kharab, nor was there any evidence of its use for such purposes. Further, no proper survey had been conducted to determine the extent or nature of the land.
The Court held that, in the absence of these conditions, the authorities could not unilaterally classify the land as B-Kharab. Accordingly, the notice dated 30.08.2022 was held to be unsustainable in law. The writ appeal was dismissed, and the order of the Single Judge setting aside the notice was upheld.
Headnote
A) Land Revenue Law – Karnataka Land Revenue Act, 1964 – Rule 21 of Karnataka Land Revenue Rules, 1966 – Classification of land as A-Kharab and B-Kharab – Issue of whether authorities can earmark land as B-Kharab for burial ground without prior classification and survey – Land in Survey No.20 granted under Inams Abolition Act including cultivable and A-Kharab land – Authorities issued notice proposing to classify 3 acres 27 guntas as B-Kharab based on representation and PIL direction – Petitioner challenged notice – Single Judge set aside notice holding land forms part of petitioner’s holding and cannot be treated as B-Kharab – In appeal, State contended land is Sarkari Kharab and can be reserved for public purpose – High Court examined Rule 21 and revenue records and found no portion classified as B-Kharab and no material showing use for public purpose – Also found no proper survey conducted to determine excess land – Held that classification as B-Kharab without prior record, actual public use or survey is unsustainable – Notice dated 30.08.2022 rightly set aside and writ appeal dismissed (Paras 23–29).
B) Land Classification – A-Kharab vs B-Kharab – Scope and limitation of Government power – A-Kharab land forms part of cultivable holding though unfit for agriculture whereas B-Kharab is land reserved or assigned for public purposes such as burial ground, road, tank etc. – Mere existence of unarable land does not automatically make it B-Kharab – Authorities must establish classification in revenue records or actual public use – In absence of such factors and without survey determining extent of land, conversion of land into B-Kharab is impermissible – Held: Government cannot arbitrarily change nature of land for public purpose; must follow due process and identify appropriate land separately (Paras 24–28).
Issue of Consideration
Whether the notice dated 30.08.2022 issued by the Assistant Director of Land Records for reserving land as B-Kharab for burial ground was valid, considering the land was granted under the Inams Abolition Act and confirmed as A-Kharab land forming part of the petitioner's holding
Final Decision
The Division Bench dismissed the writ appeal, upheld the judgment and order dated 20.12.2023 passed by the Single Judge in W.P. No.18295/2022, and confirmed that the notice dated 30.08.2022 was unsustainable in law and rightly set aside. No costs were awarded.
Law Points
- Grant of occupancy rights under Inams Abolition Act is final and binding
- A-Kharab land attached to cultivable land forms part of holder's land
- authorities cannot reclassify granted land as B-Kharab for public purpose without due process
- principles of natural justice require notice to affected parties in revenue proceedings
Case Details
2026 LawText (KAR) (03) 33
Writ Appeal No. 1560 of 2024 (KLR-RES)
D K Singh J. , S Rachaiah J.
Sri Mohammad Jaffar Shah (for appellants), Sri Shankar C. Reddy (for respondent-1), Sri Sampreeth V (for respondent-2)
State of Karnataka Revenue Department, The Deputy Commissioner Bengaluru Urban District, The Deputy Director of Land Records Bengaluru Urban District, The Assistant Director of Land Records Bengaluru East Taluk, The Assistant Commissioner Bengaluru North Sub-Division, The Tahsildar Bengaluru East Taluk
Sri T Uma Shankar, Sri L Mahesh
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Nature of Litigation
Writ appeal challenging the order of the Single Judge in a writ petition related to land grant and classification
Remedy Sought
Appellants sought to set aside the order dated 20.12.2023 passed by the Single Judge in W.P. No.18295/2022 and allow the appeal
Filing Reason
The appeal was filed under Section 4 of the Karnataka High Court Act against the Single Judge's order quashing a notice for reserving land as B-Kharab for burial ground
Previous Decisions
Order dated 19.12.1966 granted occupancy rights; order dated 28.01.2008 directed resumption of land; writ petition dismissed on 20.08.2010; Division Bench allowed appeal and remanded matter on 27.01.2016; Special Deputy Commissioner confirmed grant on 31.08.2016; Single Judge set aside order for lack of notice on 26.08.2020; contempt proceedings dropped on 06.09.2021; PIL disposed of with direction to decide representation on 10.06.2022; Single Judge allowed writ petition and set aside notice on 20.12.2023
Issues
Whether the notice dated 30.08.2022 issued by the Assistant Director of Land Records for reserving land as B-Kharab for burial ground is valid in light of the confirmed grant under the Inams Abolition Act
Whether the land in question, being kharab land attached to cultivable land, should be classified as A-Kharab or B-Kharab
Ratio Decidendi
Once land is granted and forms part of the holder’s holding, kharab land attached to such cultivable land is to be treated as A-Kharab land. Authorities cannot classify such land as B-Kharab for public purpose in the absence of prior revenue record classification, actual use for public purpose, and proper survey determination. Any such reclassification without fulfilling these conditions is unsustainable in law, and the authorities must identify appropriate Government land separately for public purposes.
Judgment Excerpts
The dispute relates to land bearing Survey No.20 of Chinnappanahalli Village, K.R. Puram Hobli, Bengaluru East Taluk.
The Deputy Commissioner for Inams Abolition, Bengaluru, by order dated 19.12.1966, directed registration of the applicants as occupants in respect of 4 acres 39 guntas of cultivable land along with 10 acres 20 guntas of kharab land under Section 10 of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954.
The learned Single Judge observed that it was undisputed that the land had been granted in favour of the petitioner’s grandfather under the said Act and formed part of the petitioner’s holding.
It was further held that, in the absence of any prior classification as B-Kharab, actual use for public purpose, or proper survey determining the nature of the land, the authorities could not treat the land as B-Kharab for burial ground purposes.
Procedural History
The appeal was filed against the order dated 20.12.2023 in W.P. No.18295/2022. The case was heard and reserved for judgment on 23.02.2026, and pronounced on 17.03.2026. Previous proceedings include W.P. No.3069/2008, W.A. Nos.3266-3268/2010, W.P. No.23931/2017, contempt petitions CCC No.132/2021 c/w CCC No.2/2021, and PIL W.P. No.8649/2022.
Acts & Sections
- Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954: Section 10
- Karnataka Land Revenue Act, 1964: Section 136(3)
- Karnataka High Court Act: Section 4
