- 1 - HC-KAR NC: 2025:KHC:20372 WP No. 6314 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.6314 OF 2022 (KLR-RES) BETWEEN: 1. SRI. P. SUBBA REDDY S/O SRI P CHENGA REDDY AGED ABOUT 68 YEARS, R/AT NO.68 SRIRAMANAGARA GARVIPALYA, NEAR MICO LAYOUT BENGALURU-560 068. 2. SMT. PADMAMMA W/O SRI P SUBBA REDDY AGED ABOUT 50 YEARS, R/AT NO.68 SRIRAMANAGARA GARVIPALYA NEAR MICO LAYOUT BENGALURU-560 068. …PETITIONERS (BY SRI. T.N. VISWANATHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT MULTI-STOREYED BUILDINGS DR. AMBEDKAR VEEDHI BENGALURU -560 001 REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION II FLOOR KANDHAYA BHAWANA KEMPEGOWDA ROAD BENGALURU-560 009. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20372 WP No. 6314 of 2022 3. THE ASSISTANT DIRECTOR OF LAND RECORDS BENGALURU SOUTH SUB DIVISION I-FLOOR KANDHAYA BHAVANA KEMPEGOWDA ROAD BENGALURU -560 009. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORESMENT DATED 18.07.2021 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-H; CONSEQUENTLY DIRECT THE RESPONDENTS NO.2 AND 3 TO PERFORM THEIR STATUTORY DUTIES IN RECTIFYING THE DEFECTS IF ANY IN COLUMNS NO.3 AND 9 OF R.T.C AND ALSO TO CONDUCT THE HISSA PHODI SURVEY AND FIX BOUNDARIES IN RESPECT OF A AND B - SCHEDULE PROPERTIS IN COMPLIANCE WITH THE ORDER DATED 08.01.2014 PASSED BY THE DEPUTY DIRECTOR OF LAND RECORDS, BENGALURU URBAN DISTRICT IN APPEAL NO.59 OF 2012-13 VIDE ANNEXURE-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:20372 WP No. 6314 of 2022 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this writ petition, petitioners are assailing the endorsement dated 18.07.2021 vide Annexure-H, inter alia, sought for a direction to respondent Nos.2 and 3 to rectify the defects if any, in the RTC extracts and to conduct Hissa Phody Survey and fix the boundaries in respect of the A and B schedule properties. 2. I have heard Sri.T.N. Vishwanatha, learned counsel for the petitioners and Sri. Manjunath K., learned High Court Government Pleader for the respondents. 3. Learned counsel for the petitioners invited the attention of the Court to the impugned endorsement dated 18.07.2021 at Annexure-H and contended that, the said endorsement has been issued on the ground that the appeal before this Court in RFA No.1433/2014 is pending consideration before this Court and further action could be taken only after conclusion of the proceedings. He further submitted that vide Judgment and Decree dated 19.12.2024, RFA No.1433/2014 was decreed by - 4 - HC-KAR NC: 2025:KHC:20372 WP No. 6314 of 2022 this Court and In that view of the matter, the matter is required to be remitted to respondent No.2 to take decision in the matter in accordance with law. 4. Per contra, learned Additional Government Advocate sought to justify the impugned endorsement at Annexure-H. 5. In the light of the submissions made by learned counsel appearing for the parties, on careful examination of the endorsement at Annexure-H would indicate that there is discrepancy with regard to mutation entries, measurement in respect of the subject land bearing Sy.No.37 of Haralukunte Village, Beguru Hobli, Bengaluru South Taluk. In that view of the matter, on careful consideration of factual aspects of the matter, as respondent No.2 has stated that RFA No.1433/2014 is pending consideration before this Court and learned counsel appearing for the petitioners has made available the Judgment and Decree in RFA No.1433/2014 dated 19.12.2024, I am of the view that, it is a fit case to remit the matter to respondent No.2 for consideration and accordingly, the endorsement at Annexure-H is hereby set aside. The matter is remitted to respondent No.2 to take appropriate decision in the matter in - 5 - HC-KAR NC: 2025:KHC:20372 WP No. 6314 of 2022 accordance with the order at Annexure-F dated 08.01.2014, in Appeal No.59/12-13 passed by the Deputy Director of Land Records, Bengaluru Urban district, at the earliest, within a period of four months from the date of receipt of certified copy of this order. It is also made clear that in the event respondent No.2 requires any documents, same shall be furnished by the petitioner. 6. The Writ Petition stands disposed of accordingly. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 42