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2025 DAILYLAW 16079 (KAR)

SRI. B S JAGADISH v. THE DEPUTY DIRECTOR OF LAND RECORDS

WP/3801/2025 · 2025-03-28

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:13262 WP No. 3801 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3801 OF 2025 (KLR-RES) BETWEEN: 1. SRI. B S JAGADISH S/O LATE B P SOMASHEKARA AGED ABOUT 65 YEARS NO.10/119, SAGAR ENCLAVE TF 4, OPP TO CKA TELEPHONE EXCHANGE, BANASHANKARI 3RD STAGE, KATRIGUPPE, CHENNAMMANAKERE ACHUKATTU BENGALURU-560 085 2. SRI. SHIVADARSHAN SOMASHEKAR DESHAMUDRE S/O SOMASHEKHAR SHANKARAPPA., AGED 54 YEARS, NO.1, AAKSHDEEPA, ROYAL SHELTERS PHASE III DEVARACHIKKANAHALLI, BENGALURU-56--76 3. SMT DIVYA SANDEEP W/O ALUR JAYAPRASAD AGED ABOUT 49 YEARS NO 15, PRASADA, ROYAL SHELTERS PHASE 3, DEVARACHIKKANAHALLI, BENGALURU 560 076 4. SMT. SHASHIKALA K C C/O CHANDRASHEKAR, AGED ABOUT 72 YEARS NO 130, 5TH CROSS, GK W LAYOUT, VIJAYANAGAR, BENGALURU - 560 040 5. SMT B S SHANTH KUMARI C/O B.P.SOMASHEKAR AGED ABOUT 70 YEARS, NO.10/119, SAGAR ENCLAVE TF 4, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13262 WP No. 3801 of 2025 OPP TO C K A TELEPHONE EXCHANGE, BANASHANKARI, 3RD STAGE, KATRIGUPPE, CHENNAMMANAKERE ACHUKATTU BENGALURU-560 085. 6. SMT B S ARUNA W/O K JOTHI PRAKASH AGED ABOUT 63 YEARS NO 777, 23RD CROSS, 16TH A MAIN, HSR LAYOUT BENGALURU - 560 102 …PETITIONERS (BY SRI. K.B.MONESH KUMAR., ADVOCATE) AND: 1. THE DEPUTY DIRECTOR OF LAND RECORDS BENGALURU RURAL DISTRICT OFFICE SITUATED IN THE PREMISES OF DEPUTY COMMISSIONER DISTRICT KOLAR, KOLAR-563102 2. THE ASSISTANT DIRECTOR OF LAND RECORDS MULBAGAL TALUK, MULABAGAL-563131 …RESPONDENTS (BY SRI. SHIVA REDDY., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO CONCLUDE THE EXERCISE OF PHODI OF THEIR LANDS SITUATED AT SY. NO.76, 84 AND 85/1 MEASURING AN EXTENT OF 3 ACRES AND 14 GUNTAS OF AGRICULTURAL LANDS SITUATED AT POMBARAHALLI VILLAGE, DUGGASANDRA HOBLI, MULBAGAL TALUK BY ACTING UPON THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 18.07.2024 PRODUCED AS ANNEXURE-R. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:13262 WP No. 3801 of 2025 ORAL ORDER 1. On 14.03.2025 this Court took note of the submission of the learned A.G.A that when a survey was attempted to be conducted, the petitioners objected to the same and as a consequence, the same could not be undertaken. 2. Thereafter, the learned counsel for the petitioners submitted that they would not object to conduct the survey and in the light of the said statement, the Surveyor was directed to conduct the survey on 26.03.2025 at 11 a.m. It was also made clear that if the petitioners did not attend the survey, they would be disentitled to seek for Phodi in future. 3. Learned A.G.A. places on record the statement that was recorded on 26.03.2025 by which the petitioners had informed the Surveyor that survey need not be conducted since they intended to have deliberations. - 4 - NC: 2025:KHC:13262 WP No. 3801 of 2025 4. It is, therefore, clear that the petitioners are not interested in Phodi being conducted and are unnecessarily filing petitions after petitions. In that view of the matter, the Writ Petition is dismissed. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 12