Ktka HC stays SIT probe against Union Minister H D Kumaraswamy

Karnataka: The Karnataka High Court has stayed the state government’s order to form an SIT to probe the government land grab charges against Union Minister and former Chief Minister H D Kumaraswamy.

Justice E S Indiresh also stayed the summons issued by the Ramanagara tahsildar to Kumaraswamy and ordered issuing notices to him and the Revenue Department.

The case related to the implementation of the Lokayukta report directing the removal of encroachments on government lands in survey numbers 7, 8, 9, 10, 16, 17 and 79 at Kethaganahalli village, Bidadi hobli.

On January 28, 2025, the state government constituted the Special Investigation Team (SIT) under Section 195 of the Karnataka Land Revenue (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 at Kethaganahalli. On May 29, 2025, the Ramanagara tahsildar issued summons to Kumaraswamy.

In his petition, Kumaraswamy contended that the constitution of the SIT is neither maintainable on law or facts. Instead, it is contrary to the mandate of Section 195 of KLR Act, which mandates a gazette notification for delegation of powers.

He said that under Section 195, the state government may, by notification, delegate powers to any officer or authority.

“There is no notification issued by the state government in this regard. Therefore, the government order is untenable, unsustainable, illegal and liable to be quashed. A notification is mandatory both under Section 195 of the KLR Act and Section 8 of the Karnataka Land Grabbing Prohibition Act,” the petition said.

The court passed the interim order observing that prima facie, there appears to be no formal notification issued pursuant to the government order forming the SIT.

Having noted the procedural lapse, the court ordered that both the Government Order forming the SIT and the summons issued to Kumaraswamy be stayed until the next date of hearing.

Senior Advocate Udaya Holla and Advocate Nishanth AV appeared for the Union Minister.

Kumaraswamy challenged the formation of the SIT, which had been constituted by the state government in January 2025 to investigate accusations of illegal land occupation.