Karnataka High Court Partially Stays Order Putting On Hold Summons To Union Minister HD Kumaraswamy, Formation Of SIT Into Land-Grabbing Case

The Karnataka High Court on Monday (September 8) stayed a single judge's order which had put on hold the formation of an SIT and summons issued by a Tahshildar to Union Minister of Heavy Industries HD Kumaraswamy in a case concerning allegations of land-grabbing.For context, the single judge had in June this year in its interim order, stayed the government order dated 28.01.2025 forming a special investigation team (SIT) to probe the allegations and the summons dated 29.05.2025 issued by the Tahsildar to the Union Minister. Against this the State government had moved the division bench. A division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi while hearing the state's appeal challenging the single judge's June 19 order said: "Undisputedly, Tashildar has power to take evidence on oath and give a summon in person for the purpose of any inquiry, the officer is legally empowered. There appears to be no caveat that Tashildar does not have the power to conduct an inquiry. In view of the above we are prima facie of the view that the impugned order staying the summons dated 29-05-2025 will not be sustainable. We accordingly stay the impugned order. Accordingly we modify the order to the extent that it interdicts the summons dated 29-05-2025, till the next date of hearing, November 26.”The state government argued that the single judge's order is premised on the basis that SIT which shall be constituted is contrary to law as no notification under section 195 of Karnataka Land Revenue Act, has been issued.It was submitted that Section 195 of the Act is erroneously referred to in the single judge's order. The State government said that it has not delegated any of its powers to any authority. It was argued that the summons dated 29-05-2025 having been issued under Section 28 of the Act, is by the revenue officer. 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 petition filed by Kumaraswamy (before the single judge) contended that all the proceedings initiated against him are pursuant to constitution of the SIT. It was earlier argued that 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.It was argued that 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, it was argued that 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.Advocate General K Shashi Kiran Shetty for appellant,Case Title: State of Karnataka AND H D KumaraswamyCase No: WA 1462/2025Click here to read order

Karnataka High Court Partially Stays Order Putting On Hold Summons To Union Minister HD Kumaraswamy, Formation Of SIT Into Land-Grabbing Case

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