- 1 - NC: 2025:KHC:3551 WP No. 561 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 561 OF 2025 (KLR-RR/SUR) BETWEEN: SMT. GEETHA W/O. D.A. GOPAL, AGED ABOUT 59 YEARS, R/AT NO.43, GANGOTRI NILAYA, DEVASANDRA, K.R. PURAM POST, BENGALURU-560 036. …PETITIONER (BY SRI. MUNIRAJA M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560 001 REPRESENTED BY ITS SECRETARY 2. THE TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND DEPUTY DIRECTOR OF LAND RECORDS, OFFICE OF THE DEPUTY COMMISSIONER, 4TH FLOOR K.G. ROAD, BENGALURU URBAN DISTRICT, BENGALURU-560 009. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:3551 WP No. 561 of 2025 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION KANDAYA BHAVAN, BENGALURU-560 002. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS, TALUK OFFICE, BENGALURU EAST TALUK, K.R. PURAM, BENGALURU-560 036. 5. THE TAHSILDAR BENGALURU EAST TALUK, K.R. PURAM, BENGALURU-560 036. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) DIRECT TO THE RESPONDENT NO.2 TO 4 TO DISPOSE THE APPLICATIONS/REPRESENTATIONS DATED 28.05.2024 AND 20.09.2024 SUBMITTED BY THE PETITIONER AS PER ANNEXURE-A AND A1 AND CONSEQUENTLY DIRECT THE RESPONDENT NO.2 TO 4 TO REMOVE THE PLAG (MELU SAHI) WITH RESPECT TO LAND IN SY.NO.117 MEASURING 2 ACRES INCLUDING 4 GUNTAS OF KHARAB LAND AND LAND IN SY.NO.118 MEASURING 4 ACRES INCLUDING 10 GUNTAS OF KHARAB LAND, IN TOTAL THE LAND MEASURING 6 ACRES WITH KHARAB SITUATED AT KADA AGRAHARA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK AND ETC. - 3 - NC: 2025:KHC:3551 WP No. 561 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned petition, petitioner is aggrieved by the complete inaction on the part of the respondent - Assistant Commissioner, who has not affixed his counter signature on the approved Phodi and Durasti, in respect of the petitioner's land and therefore petitioner is not in position to secure conversion order. 2. In the previous hearing, held on 15.01.2025, this Court adjourned the matter to grant sufficient time for the learned Additional Government Advocate (AGA) to obtain appropriate instructions clarifying whether there was any element of negligence attributable to the third respondent— Assistant Commissioner. The intention behind granting this opportunity was to ensure that a fair and reasonable decision could be arrived at, based on proper records and instructions from the concerned authorities. - 4 - NC: 2025:KHC:3551 WP No. 561 of 2025 3. Today, the learned AGA, upon receiving instructions, has submitted that the third respondent—Assistant Commissioner is unable to affix his counter signature on the relevant documents due to the file in question having gone missing. This Court expresses its strong disapproval of the manner in which the office of the Assistant Commissioner has handled the matter, particularly its inability to maintain and safeguard official records, which has now resulted in undue hardship to the petitioner. Despite this, in the interest of justice and as a final indulgence, this Court deems it appropriate to grant the third respondent—Assistant Commissioner a final opportunity to rectify the situation. The third respondent is hereby directed to promptly trace and retrieve the missing file related to the petitioner’s case and ensure that the necessary approval, including the affixing of his counter signature, is duly completed in connection with the Phodi and Durasthi process for the petitioner’s land. This direction is issued in light of the documentary evidence placed on record, particularly Annexure- A1, which clearly establishes that the office of the Assistant Commissioner had received the Phodi and Durasthi records from the office of the Deputy Director of Land Records. - 5 - NC: 2025:KHC:3551 WP No. 561 of 2025 4. In view of the foregoing observations, this Court proceeds to pass the following: ORDER i. The writ petition is hereby allowed. ii. The third respondent—Assistant Commissioner is granted a period of six weeks from today to take appropriate action by duly considering and deciding upon the petitioner’s representation dated 28.05.2024, as per Annexure-A1. iii. The third respondent—Assistant Commissioner shall take all necessary measures to retrieve and trace the missing file concerning the petitioner’s land records. Upon retrieval, he shall ensure that his counter signature is affixed without any further delay, thereby enabling the petitioner to secure the requisite conversion order from the Competent Authority. iv. Failure to comply with the above directions within the stipulated timeframe shall be viewed seriously and may invite further appropriate action as deemed fit by this Court. SD/- (SACHIN SHANKAR MAGADUM) JUDGE JJ List No.: 1 Sl No.: 31 CT:SNN