- 1 - NC: 2025:KHC:12896 WP No. 41136 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 41136 OF 2016 (KLR-RES) BETWEEN: 1. SRI.GANGADHARA S/O DODDAYERRAPPA, AGED ABOUT 42 YEARS, R/AT KANDAVARABAGILU, NANDI HOBLI, CHIKKABALLAPURA TALUK-562101. …PETITIONER (BY SRI. M THIMMARAYA SWAMY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT AT CHIKKABALLAPURA-562101. 3. THE TECHNICAL ASSISTANT AND EX OFFICIO DEPUTY DIRECTOR LAND RECORDS CHIKKABALLAPURA DISTRCIT AT CHIKKABALLAPURA-562101. 4. THE SURVEY SUPERVISOR CHIKKABALLAPURA TALUK AT CHIKKABALLAPURA-562101. 5. THE TALUK SUVEYOR CHIKKABALLAPURA TALUK Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12896 WP No. 41136 of 2016 AT CHIKKABALLAPURA-562101. 6. SRI DR ANANTHAPADMANABHA RAO S/O LATE M S BHEEMACHARI , AGED ABOUT 63 YEARS, R/AT PARAGIKOTE, MANCHENAHALLI VILLAGE & HOBLI, GOWRIBIDANURU TALUK, CHIKKABALLAPURA DISTRICT. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-5; SRI. H.R.ANANTHAKRISHNAMURTHY., ADVOCATE FOR R-6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED DATED:17.2.2014 BY THE R-2 VIDE ANNEXURE-U, ETC. 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 ORAL ORDER 1. An order setting aside the phodi and durasti conducted in respect of Sy.No.12, by which Sy.Nos.43 and 48 had been assigned, is called in question in this writ petition. 2. The impugned order was passed on 17.02.2014 and this writ petition has been filed on 29.07.2016. - 3 - NC: 2025:KHC:12896 WP No. 41136 of 2016 3. Incidentally, during the pendency of this writ petition, the petitioner had also instituted a suit in O.S. No.485 of 2016 against respondent No.6 herein before the Civil Judge (Jr.Dn.), Chikkaballapur. This suit ended in a compromise as per Annexure 'R6'. 4. In light of this compromise, the challenge to the durasti made by respondent No.6 cannot be sustained. 5. Once the parties have resolved the disputes, the survey made cannot be annulled contrary to the terms of the compromise. 6. I am therefore of the view that the order passed by the Deputy Commissioner will have to be quashed and is accordingly quashed. 7. The Survey Authorities are directed to conduct a survey and demarcate the boundaries as per the compromise decree passed in O.S. No.485 of 2016, a - 4 - NC: 2025:KHC:12896 WP No. 41136 of 2016 copy of the compromise petition is produced as Annexure "R6". 8. The writ petition is accordingly disposed of. 9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 49