- 1 - NC: 2025:KHC:8824 WP No. 1637 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1637 OF 2025 (KLR-RES) BETWEEN: SRI. VENKATARAMANA PAI G.N., S/O G.R.NAGARAJ PAI, AGED ABOUT 49 YEARS, R/AT GIKANHALLI, BIDARAGODU, HOSAGADDE, THIRTHAHALLI, SHIMOGA - 577 411. …PETITIONER (BY SRI. AKSHAY KUMAR JAIN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY CHIEF SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. DEPUTY COMMISSIONER, SHIMOGA, SHIMOGA DISTRICT - 577 201. 3. ASSISTANT COMMISSIONER, SHIMOGA SUB-DIVISION, SHIMOGA - 577 201. 4. TAHSILDAR, THIRTHAHALLI TALUK, SHIMOGA - 577 550. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:8824 WP No. 1637 of 2025 5. REVENUE INSPECTOR, AGUMBE HOBLI, TALUK OFFICE, THIRTHAHALLI, SHIMOGA DISTRICT - 577 432. 6. ASSISTANT DIRECTOR OF LAND RECORDS, DEPARTMENT OF SURVEY, THIRTHAHALLI TALUK, SHIMOGGA DISTRICT - 577 432. 7. ASSISTANT CONSERVATOR OF FOREST, THIRTHAHALLI, SHIVMOGGA - 577 432. 8. RANGE FOREST OFFICER, AGUMBE RANGE, MEGARAVALLI, THIRTHAHALLI, SHIVMOGGA - 577 424. …RESPONDENTS (BY SMT.B.P.RADHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 6 TO CONDUCT AND FINALIZE THE PODI WORK AND SURVEYING DEMARCATING THE SCHEDULE PROPERTY WITHIN THE TIME LIMIT THAT MAY BE FIXED BY THIS HONBLE COURT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:8824 WP No. 1637 of 2025 ORAL ORDER This captioned writ petition is filed seeking mandamus against respondent Nos.2 to 6 to conduct phodi and durasti in respect of the petition land. 2. Heard the learned counsel appearing for the petitioner and the learned AGA appearing for the respondents. Perused the records. 3. The brief facts leading to the case are as under: The learned Additional Government Advocate (AGA), upon receiving instructions from the concerned authorities, has apprised this Court that the petitioner's portion of land in Survey No. 73 cannot be subjected to the process of phodi and durasti in isolation. It has been brought to the Court’s attention that the said survey number comprises approximately 13 grantees in total. Given this factual matrix, it is necessary to conduct a comprehensive survey of the entire land before demarcating the petitioner’s portion in accordance with the grant order. The learned - 4 - NC: 2025:KHC:8824 WP No. 1637 of 2025 AGA further submitted that if the petitioner is willing to provide consent, the authorities will undertake the survey of the entire extent of land to ensure proper identification and delineation of the respective holdings of all grantees. 4. In response to the submissions made by the learned AGA, the learned counsel appearing for the petitioner has fairly conceded to the proposition that there is no objection on the part of the petitioner in conducting a full-scale survey of the land bearing Survey No. 73. The learned counsel has submitted that the petitioner is agreeable to the authorities undertaking the survey of the entire land in question before specifically demarcating the petitioner’s granted extent. 5. In view of the submissions made by both parties, and in the interest of ensuring proper identification of the petitioner’s land as per the grant order, this Court finds it appropriate to direct the competent revenue authorities to conduct a full-fledged survey of Survey No. 73. This would ensure that the rights of all grantees are appropriately - 5 - NC: 2025:KHC:8824 WP No. 1637 of 2025 accounted for and prevent any potential boundary disputes in the future. ORDER (i) The writ petition is allowed. (ii) Respondent Nos. 4 and 6 are directed to conduct a survey of the entire extent of land bearing Survey No. 73, which consists of approximately 13 grantees. After completing the survey, the authorities shall undertake the phodi and durasti process, ensuring that the revenue records and the extents indicated in the respective grant orders are duly considered. (iii) The said exercise shall be completed within a period of four months from the date of receipt of a copy of this order. (iv) If necessary, Respondent Nos. 4 and 6 shall be at liberty to seek police protection during the execution of the phodi and durasti process to - 6 - NC: 2025:KHC:8824 WP No. 1637 of 2025 ensure smooth implementation of this order and to prevent any law-and-order issues. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SJK List No.: 1 Sl No.: 6