Bengaluru: The Karnataka High Court has upheld the constitutional validity of the Karnataka Land Revenue (III) Amendment Act, 2011. Justice Suraj Govindaraj dismissed petitions challenging the amendments, which were filed by Brigadier Maletira A. Devaiah (Retd.) and others from the Kodava community.
The petitioners argued that amendments related to the definition of ‘occupant’ under Section 20(2) and payment of land revenue under Section 80 disrupted the traditional Kodava joint family system. They claimed that revenue authorities were requiring partition deeds for the registration of joint family members as “occupants,” which conflicted with their customary practices.
Additional Advocate General Vikram Huilgol explained that the amendments aim to grant full ownership of Jamma Bane lands to those in possession, ensuring uniformity in the land revenue system. Justice Govindaraj noted that the affidavit from the Under-Secretary to the Revenue Department clarified that partition deeds are not necessary for registering family members in land records or obtaining 11-E sketches.
The Court affirmed that the amendments ensure the entire family is recognized as the occupant of the land, including Jamma Bane lands, without necessitating any partition. If a family member wishes to separate, it must be done in accordance with legal agreements or the Hindu Succession Act, 1956. The ruling emphasizes that the amendments confer full ownership rights and do not compel partition.