SC Rejects Union Minister Kumaraswamy’s Plea Against HC Order, Clears Way for Proceedings in Land Allotment Case

A bench of Justices Pankaj Mithal and Prasanna B Varale declined to interfere with the interim order of September 8, 2025, noting that the writ appeal was pending before the division bench of the High Court.

"We do not deem it necessary to exercise our discretionary power under Article 136 of the Constitution of India. The present petition is, accordingly, dismissed with liberty to the petitioner to participate in the writ appeal and to get it decided on merits," the bench said.

However, the court clarified that further proceedings pursuant to the summons of May 29, 2025, should remain in abeyance only for a period of two weeks to enable the petitioner to approach the High Court.

Kumaraswamy was represented by Senior Advocate C. Aryama Sundaram, along with Advocates Balaji Srinivasan, Nishanth A V, Raghavacharyulu, and Ms Harsha Tripathi.

He claimed that he is also the lawful owner of several land parcels in Kethaganahalli Village, Bidadi Hobli, Ramanagara.

In 2011, a former Member of Parliament filed a complaint before the Karnataka Lokayukta alleging illegal land grants in Kethaganahalli Village. Notably, Kumaraswamy was not named in this complaint. By an order of August 5, 2014, the Lokayukta directed the Revenue Department to inquire into certain survey numbers and, if necessary, recover government land from encroachers.

NGO Samaj Parivartan Samudaya filed a writ petition in 2020 seeking directions to implement the Lokayukta order. The High Court merely recorded the State’s statement that it would comply with the Lokayukta’s order and disposed of the writ petition. Contempt proceedings were subsequently issued.

On March 3, 2021, the Lokayukta closed the complaint, finding no discrepancies with the grant of lands.

Kumaraswamy claimed, "Notwithstanding the closure of the Lokayukta proceedings and in furtherance of its political vendetta against him, the state government on January 28, 2025, constituted a Special Investigation Team (SIT) under Section 195 of the Karnataka Land Revenue Act, 1964, supposedly to conduct an enquiry into the encroachment of the said lands".

On March 18, 2025, Kumaraswamy was served with a notice by the Tahsildar calling upon him to explain why action should not be taken for alleged encroachment on the said lands. Upon his challenge, on April 8, 2025, the High Court clearly stated that the Tahsildar shall pass an order of eviction only after conducting an enquiry and considering the objections filed by Kumaraswamy, his plea claimed.

In pursuance of the constitution of the SIT, the Tahsildar issued summons to Kumaraswamy on May 29, 2025, directing him to produce his original title documents for the purpose of supposed verification. Kumaraswamy challenged the order of January 28, 2025, constituting the SIT, and the summons of May 29, 2025.

On June 19, 2025, the High Court issued notice on the writ petition and granted interim stay of both orders. On filing a writ appeal, the High Court, by the impugned order on September 8, 2025, vacated the stay insofar as it related to the summons of May 29, 2025, thereby reviving coercive proceedings against Kumaraswamy.

"The actions of the State including the eviction notice of March 18, 2025, the SIT order of January 28, 2025, and the summons of May 29, 2025, are not isolated incidents but part of a deliberate campaign of harassment against the petitioner, a senior opposition leader. Instead of contesting his case in pending writ proceedings, the respondents have chosen to pursue coercive action through parallel forums. When one 'joins the dots', the political vendetta stands exposed," Kumaraswamy's plea claimed.