- 1 - HC-KAR NC: 2025:KHC:20884 WP No. 5352 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.5352 OF 2025 (KLR-RR/SUR) BETWEEN: 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, BENGALURU - 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. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20884 WP No. 5352 of 2025 4. THE TASILDHAR BANGALORE EAST TALUK, K R PURA, BANGALORE - 560 36. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 20.01.2025 BEARING NO. LND(B) CR.23/2023-24 ISSUED BY THE RESPONDENT NO.4 VIDE ANNEXURE-A; DIRECT THE RESPONDENT AUTHORITIES TO CONDUCT PHODI, DURASTI AND HUDBAST, WITH RESPECT TO LAND SURVEY NO.77/2 AND ASSIGNED AS NEW SURVEY NO.77 OF MEDAHALLI VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE MEASURING 30 GUNTAS, BY ACCEPTING APPLICATION / REPRESENTATION DATED 20.09.2023 VIDE ANNEXURE-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 1. In this writ petition, petitioner is assailing the endorsement dated 20.01.2025 as per Annexure- A passed by - 3 - HC-KAR NC: 2025:KHC:20884 WP No. 5352 of 2025 respondent No.4, inter alia, sought for a direction to respondent-authorities to conduct phody and durust in respect of the subject land by considering the representation dated 20.09.2023, produced at Annexure-H. 2. Heard learned counsel appearing for the parties. 3. On careful examination of the writ papers would indicate that the Special Deputy Commissioner - 1, Bangalore North SUB division, in proceedings RRT(2)(E)/CR.40/2010-11 has arrived at a conclusion that the land in question has been granted in favour of one Nagappa by the competent authority and necessary entries are found in contemporary records. It is also to be noted that a portion of land has been sold in favour of the petitioner herein, as per the registered Sale Deed dated 30.09.1993 (Annexure-D). It appears that respondent No.4 has not considered the earlier orders passed by respondent No.2 in respect of the subject land and passed the impugned endorsement which is per se illegal and contrary to the order passed by the Special Deputy Commissioner - 1, as per Annexure- F. - 4 - HC-KAR NC: 2025:KHC:20884 WP No. 5352 of 2025 4. Accordingly, I find force in the submission made by the learned counsel for the petitioner. In that view of the matter, matter is remitted to respondent No.4 to consider the case of the petitioner in accordance with the order dated 29.01.2016 passed by Special Deputy Commissioner - 1, Bangalore North Sub Division, as per Annexure- F, and take decision in the matter at the earliest, within a period of three months from the date of receipt of certified copy of this order. 5. In so far as phody and durust with regard to subject land is concerned, it is open for the petitioner to make online application. In the event, petitioner makes online application, same shall be considered and appropriate order passed by the respondent - authority, expeditiously. 6. The writ petition stands disposed of accordingly. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 80