- 1 - NC: 2025:KHC:6352 WP No. 1482 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 1482 OF 2025 (LB-RES) BETWEEN: 1. SMT. VISHALAKSHAMMA W/O H S PARASHIVA MURTHY, AGED ABOUT 65 YEARS, (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) 2. SRI H P NAGARAJ S/O H S PARASHIVA MURTHY, AGED ABOUT 48 YEARS 3. SRI MANJUNATH, S/O H S PARASHIVA MURTHY, AGED ABOUT 45 YEARS 4. SMT. VANI, W/O SHIVAKUMAR, D/O H S PARASHIVA MURTHY AGED ABOUT 40 YEARS ALL THE PETITIONERS ARE RESIDING AT HALAGURU VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT – 571 430. …PETITIONERS (BY SRI. NAVEEN J N., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA – 571 401. 2. THE EXECUTIVE OFFICER TALUK PANCHAYATH MALAVALLI TALUK, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6352 WP No. 1482 of 2025 MANDYA DISTRICT – 571 430. 3. THE PANCHAYATH DEVELOPMENT OFFICER HALAGOORU GRAM PANCHAYATH, HALAGOORU, MALAVALLI TALUK, MANDYA DISTRICT – 571 430. 4. THE TAHSILDAR MALAVALLI TALUK, MANDYA DISTRICT – 571 430. 5. THE REVENUE INSPECTOR, HALAGOORU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT – 571 430. 6. THE ASSISTANT DIRECTOR, TOWN AND VILLAGE PLANNING AUTHORITY, MANDYA DISTRICT – 571 401. …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1, R4 & R5; SRI. M S DEVARAJU, ADVOCATE FOR R2 & R3; SRI. YOGESH D NAIK, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE REPORT DATED NIL SUBMITTED BY THE R-5 REVENUE INSPECTOR TO THE R-4 TAHSILDAR MARKED AT ANNX-D TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:6352 WP No. 1482 of 2025 ORAL ORDER 1. This petition is filed challenging the survey sketch, a copy which is produced at Annexure ‘D’ and the orders dated 12.08.2024 and 23.12.2024, by which the authorities have made a recommendation to cancel the Khata on the basis of the aforementioned survey sketch. 2. It is the contention of the petitioners that the survey was conducted without notice to the petitioners and consequentially, the recommendations made would be improper. 3. A perusal of the survey sketch at Annexure ‘D’ does not indicate that the petitioners were informed of the proposed survey, nor were they available at the spot when the survey was conducted. 4. In that view of the matter, the survey sketch at Annexure ‘D’ and the consequential - 4 - NC: 2025:KHC:6352 WP No. 1482 of 2025 recommendations at Annexure ‘F’ and ‘G’ shall stand quashed. 5. The respondents shall conduct a survey in the presence of the petitioners after giving due notice to them, and thereafter take appropriate steps, if the case so warrants. 6. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 81