- 1 - HC-KAR NC: 2025:KHC:21216 WP No. 5406 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 5406 OF 2025 (KLR-RES) BETWEEN: 1. MR H P KODANDA RAMAIAH S/O LATE PILLACHIKKANA, AGED ABOUT 73 YEARS, R/AT HOUSE NO. 20, OPPOSITE URUDU SCHOOL, MEDAHALLI VILLAGE, VIRGONAGAR POST, BANGALORE 560 049. …PETITIONER (BY SRI. RAJESH GOWDA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M S BUILDING, DR AMBEDKAR VEEDHI, BANGALORE - 560 001. REP BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BANGALORE - 560 001. 3. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION, KANDAYA BHAVANA, K G ROAD, BANGALORE - 560 001. 4. THE TASILDHAR BANGALORE EAST TALUK, K R PURA, BANGALORE - 560 36. …RESPONDENTS (BY SMT.NAVYA SHEKHAR, AGA) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21216 WP No. 5406 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD. 20.01.2025 BEARING NO.LND(B) CR.25/2023-24 ISSUED BY THE R-4 VIDE ANNX-A AND DIRECT THE RESPONDENT AUTHORITIES TO CONDUCT PHODI, DURASTI AND HUDBAST, WITH RESPECT TLO LAND SURVEY NO. 77/10 AND ASSIGNED AS NEW SURVEY NO. 77 OF MEDAHALLI VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE BY ACCEPTING APPLICATION/ REPRESENTATION DTD. 20.09.2023 VIDE ANNX-H. 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 ORAL ORDER In this writ petition, the petitioner is assailing the Endorsement dated 20.01.2005 in No.LND(B) CR:25/2023-24 (Annexure-A) issued by the respondent No.4. 2. The relevant fact for adjudication of the writ petition is that land bearing Sy.No.77/10 measuring to an extent of 4 acres of Cheemasandra village, Bidarahalli Hobli, had been granted to one Sri.Channappa as per Saguvali Chit dated 03.11.1962. Thereafter, the revenue records had been transferred to the original grantee, Sri.Channappa as per Annexures-B and C. It is further stated in the writ petition that the original grantee, by Sale Deed dated 29.08.1990 (registered on 12.09.1990) as per Annexure-D sold in - 3 - HC-KAR NC: 2025:KHC:21216 WP No. 5406 of 2025 favour of the petitioner. Thereafter, mutation register was transferred into the name of the petitioner as per MR No.2/1990-91 (Annexure-E). It is also stated in the writ petition that the Special Deputy Commissioner-1, Bangalore North Sub-Division, Bangalore District has initiated the proceedings under Section 136(3) of the Karnataka Revenue Act, 1964, and after conducting the enquiry proceedings by order dated 29.01.2016 (Annexure-F), has arrived at a conclusion that the land in question has been granted to the vendor of the petitioner herein, Sri.Channappa, following the procedure contemplated under law, and dropped the proceedings as per Annexure-F. Thereafter, the petitioner has approached the respondents - Authorities with regard to conducting of phodi durast. The respondent No.4 has issued the impugned Endorsement dated 20.01.2025 (Annexure-A) stating that there is no grant certificate nor saguvali chit has been issued in respect of the subject land. Feeling aggrieved by the same, the petitioner is before this Court. 3. Heard Sri.Rajesh Gowda, learned counsel appearing for the petitioner and Smt.Navya Shekhar, learned Additional Government Advocate for the respondents. - 4 - HC-KAR NC: 2025:KHC:21216 WP No. 5406 of 2025 4. Sri Rajesh Gowda, learned counsel appearing for the petitioner invited the attention of the Court to the finding recorded by the Special Deputy Commissioner-1 vide Annexure-F, and contended that the Tahsildar, Bengaluru East Taluk, upon himself has reported to the Revisional Authority with regard to the grant made in favour of the vendor of the petitioner, Sri.Channappa, and despite the same, the impugned Endorsement has been issued by the respondent No.4, which requires to be interfered with in this writ petition. 5. 5. Per contra, Smt.Navya Shekhar, learned Additional Government Advocate for the respondents sought to justify the impugned Endorsement at Annexure-A. 6. In light of the submission made by the learned counsel for the parties, on careful examination of the writ papers would indicate that as per Annexure-F that the respondent No.4 himself has reported to the Special Deputy Commissioner-1 in proceedings under Section 136(3) of the Karnataka Land Revenue Act, 1964 that the land bearing Sy.No.77/10 measuring 4 acres situated at Cheemasandra village, Bangalore East Taluk was originally granted in favour of Sri.Channappa, and Saguvali Chit has been - 5 - HC-KAR NC: 2025:KHC:21216 WP No. 5406 of 2025 issued in SC No.67/62-63. It is also forthcoming from the writ papers that the said Sri.Channappa sold the land in favour of the petitioner under a registered Sale Deed dated 29.08.1990 (Annexure-D). 7. In that view of the matter, the respondent No.4 has committed an error in issuing the impugned Endorsement dated 20.01.2025 (Annexure-A) stating that there is no record pertaining to the grant made in respect of the subject land. Taking into consideration the finding recorded by the Special Deputy Commissioner-1 at Annexure-F in proceedings under Section 136(3) of the Karnataka Land Revenue Act, 1964, the impugned Endorsement issued by the respondent No.4 requires to be set aside accordingly. 8. In the result, the writ petition is allowed. 9. The impugned Endorsement dated 20.01.2025 in No.LND(B)CR:25/2023-24 issued by the respondent No.4 (Annexure-A) is hereby set aside. 10. Insofar as the subject land, the learned counsel appearing for the petitioner sought for phodi in respect of the land in question. It is open for the petitioner to approach the competent - 6 - HC-KAR NC: 2025:KHC:21216 WP No. 5406 of 2025 Authority by making necessary application through online, and if such exercise is made by the petitioner, the same shall be considered in accordance with law. Sd/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 79