- 1 - HC-KAR NC: 2025:KHC:23458 WP No. 1171 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 1171 OF 2024 (KLR-RES) BETWEEN: 1. SRI. N. VENKATESH S/O NAGARAJU, AGED ABOUT 36 YEARS, 2. SRI. N. MUNIRAJU S/O NAGARAJU, AGED ABOUT 34 YEARS, BOTH ARE R/AT NO.7, NALLAKKANA DODDI, TARALU POST, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT - 560 061. …PETITIONERS (BY SRI. NAGAIAH.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KANDAYA BHAVANA, KEMPEGOWDA ROAD, BENGALURU-560 009. 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23458 WP No. 1171 of 2024 KANDAYA BHAVANA, KEMPEGOWDA ROAD, BENGALURU-560 009. 3. THE TAHASILDAR BENGALURU SOUTH TALUK, KANDAYA BHAVANA, KEMPEGOWDA ROAD, BENGALURU-560 009. 4. THE DEPUTY DIRECTOR OF LAND RECORDS, BENGALURU URBAN DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, KEMPEGOWDA ROAD, BENGALURU-560 009. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS BENGALURU SOUTH SUB DIVISION, KANDAYA BHAVANA, KEMPEGOWDA ROAD, BENGALURU-560 009. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO., AGA) THIS WRIT PETITON IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY R3, THE TAHASILDAR, IN CASE NO.LND/THA(CR)/8/2022-23(P-1) DATED 24.07.2023 VIDE ANNEXURE-O AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:23458 WP No. 1171 of 2024 ORAL ORDER In this writ petition, petitioners are assailing the Endorsement dated 24.07.2023 (Annexure-O) and the proceedings in LND/RA(S)/2/2023-24 pending consideration before the Assistant Commissioner, Bengaluru South Taluk, Bengaluru (Annexure-P). 2. I have heard Sri. Nagaiah, learned counsel for the petitioners and Sri. Siddharath Baburao, learned AGA for respondents. 3. Sri. Nagaiah, learned counsel for the petitioners, invited the attention of the Court to the Endorsement dated 24.07.2023 (Annexure-O), wherein, pursuant to the order passed by this Court in W.P.No.2789/2023 dated 10.03.2023 (Annexure-M), the respondent No.3 has issued the endorsement, stating that the proceedings has been initiated under Rule 108-K of the Karnataka Land Revenue Rules, 1966. Accordingly the proceedings before the respondent No.2 at Annexure-P has been initiated by the authorities. He submitted that, Rule 108-K of the Karnataka Land Revenue Rules, 1966, provides for the proceedings - 4 - HC-KAR NC: 2025:KHC:23458 WP No. 1171 of 2024 insofar as the cancellation of grant is concerned and same has nothing to do with the direction issued by this Court insofar as the phodi and dhurasti of the land in question. Therefore he submitted that, the impugned endorsement and the proceedings at Annexure-O and Annexure-P respectively requires to be set-aside. He further contended that, under similar circumstances, the respondent- authorities have granted relief to the owner of the land bearing Survey No.106/P1, of the very same village as per Annexure-Q and therefore he submitted that the case of the petitioners has to be considered on similar lines, so that there shall not be any discrimination in conducting the phodi and dhursathi in the subject land. 4. Per contra, learned AGA sought to justify the proceedings at Annexure-P and submitted that it is open for the petitioners herein to appear before respondent No.2 for enquiry under Rule 108-K of the Karnataka Land Revenue Rules, 1966. Therefore, he contented that the writ petition deserves to be dismissed. He also submitted that, to consider the case of the petitioners insofar as whether the - 5 - HC-KAR NC: 2025:KHC:23458 WP No. 1171 of 2024 land is situated within 18 Kms. or beyond the same, it shall be taken into consideration the date on which the application is made by the petitioners. Accordingly, learned AGA sought to justify the impugned endorsement produced at Annexure- O and the proceedings at Annexure-P. 5. In light of the submission made by the learned counsel appearing for the parties, the petitioners herein are claiming right in respect of the land in question based on the grant made by the respondent-Authorities. Perusal of the order dated 10.03.2023 in WP No.2789/2023 at Annexure-M, wherein the petitioners have approached this Court seeking phodi in respect of the land in question and pursuant to the same dispute, this Court directed the respondent No.3 therein to consider the application made by the petitioners in accordance with law, in terms of the circular dated 15.10.2022. 6. In the backdrop of these aspects, I have carefully considered the proceedings at Annexure-P, wherein the said proceedings has been initiated against the petitioners herein by respondent No.2 under Rule 108-K of the Karnataka Land - 6 - HC-KAR NC: 2025:KHC:23458 WP No. 1171 of 2024 Revenue Rules, 1966. The Rule provides for cancellation of land grants. In that view of the matter, since, the petitioners have approached this Court seeking phodi of the subject land and same has nothing to do with the proceedings initiated against the petitioners herein under Rule 108-K of the Karnataka Land Revenue Rules, 1966. 7. In that view of the matter, the proceedings at Annexure-P in LND/RA(S)/2/2023-24 is hereby set-aide, as the grant made in favour of the petitioner long back and there was no for conducting fresh enquiry. 8. However, it is open for the respondent No.3 herein to take decision in the matter concerning the subject land in accordance with law. Insofar as the Endorsement dated 24.07.2023 is concerned, taking into consideration the factual aspects of the records, as the proceedings at Annexure-P has been quashed, I am of the view that, the Endorsement dated 24.07.2023 (Annexure-O) is liable to be quashed. - 7 - HC-KAR NC: 2025:KHC:23458 WP No. 1171 of 2024 9. Accordingly, the writ petition is allowed. The respondent-Authorities are directed to comply the order dated 10.03.2023 in W.P No. 2789/2023 (Annexure-M) at the earliest, within a period of four months from the date of receipt of certified copy of this order. SD/- (E.S.INDIRESH) JUDGE RL List No.: 1 Sl No.: 67