ORAL ORDER

Learned AGA is directed to accept notice for respondents.

2. The petitioners, who are owners of the land bearing Survey No. 153 of Uttari Village, Uttari Hobli, Bengaluru South Taluk, have approached this Court, aggrieved by the reclassification of ‘A’ kharab land as ‘B’ kharab land by the Tahsildar (respondent No.4). The said reclassification occurred after the phodi (survey and partition) proceedings were conducted. The petitioners allege that the reclassification was done without any enquiry or prior notice to them, in violation of established legal principles governing the classification of kharab land.

3. The dispute pertains to the land classified as "phot kharab" in Sy. No.153. Before the phodi proceedings, the land in question was classified as ‘A’ kharab. However, post-phodi, it was reclassified as ‘B’ kharab without conducting any formal enquiry or providing an opportunity to the petitioners to be heard. The petitioners, aggrieved by this reclassification, submitted representations to the concerned authorities on 30.06.2023 and 20.02.2024, as evidenced by Annexures - A and B. The authorities, however, failed to act upon these representations, leading the petitioners to approach this Court.

4. The learned counsel for the petitioners contended that the initial classification of the land as ‘A’ kharab is evident from the manual RTC (Record of Rights, Tenancy and Crops). The counsel further argued that ‘A’ kharab land, as consistently held by this Court, vests in the landowners as part of their holding. Reclassifying the land as ‘B’ kharab without following due process, including conducting an enquiry and notifying the petitioners, is arbitrary and illegal. The petitioners, therefore, seek an order quashing the reclassification and directing the authorities to restore the original classification of the land as ‘A’ kharab.

5. The learned Additional Government Advocate (AGA), representing the State, pointed out that the issue of kharab land classification is governed by the Notification dated 16.05.2018, which constitutes a Committee to address grievances related to kharab land. The AGA argued that the petitioners' grievance could be examined by this Committee and that the authorities acted within their powers while conducting the phodi proceedings. 6. Kharab land is broadly classified into two categories under the Karnataka Land Revenue Act, 1964:

‘A’ kharab land refers to land that is part of the holding of the landowner but is unsuitable for cultivation due to its inherent nature. This type of land is included in the owner's title and possession.

‘B’ kharab land is land that vests in the government for public purposes, and the landowner has no title or ownership over it.

7. This Court, in various judgments, has consistently held that ‘A’ kharab land cannot be reclassified as ‘B’ kharab land without following due process. One of the key judgments in this regard is the decision in MUNIYAPPA VS. TAHSILDAR AND OTHERS1, where this Court held that the reclassification of ‘A’ kharab land to ‘B’ kharab land requires a proper enquiry and opportunity for the landowner to be heard. Similarly, in NANJAPPA VS. STATE OF KARNATAKA2, this Court reiterated that the landowner’s rights over ‘A’ kharab land cannot be summarily extinguished without due process.

1 (2003)ILR KAR 400

2 (2015) 2 KCCR 1449

In J. VENKATAPPA VS. STATE OF KARNATAKA3 , this Court emphasized that any reclassification of kharab land must be done in accordance with the principles of natural justice, including the right to a fair hearing.

8. On a detailed examination of the records, including the manual RTC, this Court finds that the kharab land in Sy. No. 153 was initially classified as ‘A’ kharab. The reclassification of this land as ‘B’ kharab post-phodi proceedings appears to have been done without any formal enquiry or prior notice to the petitioners. This reclassification is, prima facie, in violation of the principles laid down in the above-cited judgments, whic