- 1 - NC: 2025:KHC:450 WP No. 8447 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8447 OF 2023 (KLR-RES) BETWEEN: 1. SHREE SIDDACHALSTHULBHADRA DHAM SHASANPRABHAVAK TRUST, PARIWALA GUDDA, DEVANAHALLI, BANGALORE RURAL DISTRICT - 560 110, REPRESENTED BY ITS TRUSTEES, PETITIONERS NO.2 TO 5, TRUST IS REGISTERED AS EXECUTED ON 30-05-1998. 2. SRI. NAMICHANDRALUKAD, S/O ANRAJJI LUKAD, AGED ABOUT 70 YEARS, MUNICIPAL OFFICE ROAD, NEAR BTS TERMINAL, YELAHANKA, BANGALORE - 560 064. 3. SRI. H. PRAKASHCHAND JI KOTHARI, S/O P HASTIMAL JI KOTHARI, AGED ABOUT 56 YEARS, NO.1424, NEAR BTS TERMINAL, YELAHANKA, BANGALORE - 560 064. 4. SRI. B. INDERCHAND BOHRA, S/O B.G. BHAWARLAL BOHRA, AGED ABOUT 65 YEARS, NO.9/3, OSBORNE ROAD, BANGALORE - 560 051. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:450 WP No. 8447 of 2023 5. SRI. M. JAYACHANDRACHUTTAR, S/O MAGALCHAND JI CHUTTAR, AGED ABOUT 60 YEARS, NO.22, JAIN TEMPLE ROAD, BANGALORE - 560 051. …PETITIONERS (BY SRI. P.D. SURANA, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS REVENUE SECRETARY, DR. AMBEDKAR ROAD, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, HAVING ITS OFFICE AT BEERASANDRA GRAMA, DEVANAHALLI, DODDABALLAPURA MAIN ROAD, BANGALORE RURAL DISTRICT - 562 110. 3. THE TAHASILDAR, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 110. 4. THE BANGALORE INTERNATIONAL AIRPORT AREA PLANNING AUTHORITY, HAVING ITS OFFICE AT SHANTHINAGARA, SULIBELE ROAD, DEVANAHALLI - 562 110, REPRESENTED BY ITS JOINT DIRECTOR FOR BANGALORE RURAL AND URBAN DISTRICT. 5. THE TOWN MUNICIPAL COUNCIL, DEVANAHALLI, HAVING ITS OFFICE AT DEVANAHALLI, DEVANAHALLI - 562 110. - 3 - NC: 2025:KHC:450 WP No. 8447 of 2023 6. THE ASST. DIRECTOR OF LAND RECORDS, DEVANAHALLI TALUK, HAVING ITS OFFICE AT THE OFFICE OF THASILDAR, DEVANAHALLI, BENGALURU RURAL DISTRICT - 562 110. 7. SRI. G. VENUGOPAL, S/O LATE GUNDAPPA, AGED ABOUT 59 YEARS, R/AT NO.129, 14TH CROSS, 2ND STAGE, NAGARBHAVI, BANGALORE - 560 072. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 21.09.2022 IN PROCEEDINGS NO. BUSAVI/TANTAIKA/286/2022-23 PRODUCED AS ANNX-U AND FOR ISSUE OF FURTHER DIRECTION TO THE R-3 AND 6 TO ISSUE THE SURVEY SKETCH OF THE 40 FEET WIDTH ROAD, WHICH BRANCHES OF FROM NATIONAL HIGHWAY NO.7 AND PASSING THROUGH SY NOS. 119 .121 AND 122 OF DEVANAHALI VILLAGE SY NO.3 9 AND 10 OF GUTTAHALLI VILLAGE , KASABA HOBLI, DEVANAHALLI TALUK, REACHING SY. NO. 157 OF DEVANGAHALLI FURTHER DIRECT THE R-1 TO 5 TO TAKE ALL NECESSARY MEASURES TO METAL AND ASPHALT THE SAID ROAD AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:450 WP No. 8447 of 2023 CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed assailing the endorsement issued by respondent No.6-Assistant Director of Land Records, vide Annexure-U, thereby declining to finalize the survey sketch relating to the petition property. Pending consideration of the said impugned endorsement, which is the subject matter of the present petition, a contempt is filed in CCC.No.69/2022 as the authority failed to comply with the directions issued by the co-ordinate bench in W.P.No.17457/2021. The contempt court dropped the contempt proceedings in the light of the survey sketch furnished by the authority. 2. It would be useful for this Court to cull out the relevant paragraphs No.2 to 4 of CCC.No.69/2022, which reads as under: "2 Learned Government Advocate for respondents- State submits that a copy of the survey sketch as per Annexure-R1 has been furnished to the learned counsel for the complainants in this matter for the - 5 - NC: 2025:KHC:450 WP No. 8447 of 2023 purpose of reference as directed by the learned Single Judge in W.P.No.17457/2021. 3. This contempt proceeding has been initiated by the complainants against respondents/State relating to furnishing of the survey sketch prepared by the Competent Authority. A copy of the same has been furnished to the learned counsel for the complainants to proceed further in this matter in accordance with law. 4. However, learned counsel for the complainants in this matter submits that an authenticated signature document is required. This kind of submission made by the learned counsel for the complainants is hereby deprecated. 3. Since respondent authorities have issued a survey sketch in contempt proceedings which led to the dropping of contempt proceedings, the impugned endorsement vide Annexure-U is rendered infructuous and therefore, the captioned petition does not survive for consideration. However, the petitioners apprehension that the authorities having finalized the survey sketch, are not issuing a certified copy of the survey sketch is too premature at this juncture. If the survey sketch is finalized in pending contempt proceedings, the authorities, more particularly, respondent No.6-Assistant Director of Land Records, is bound to issue a certified copy of the finalized - 6 - NC: 2025:KHC:450 WP No. 8447 of 2023 survey sketch, which assumes a character of a public document which was in fact tendered in contempt proceedings. 4. Recording these observations, this Court passes the following: ORDER i. The writ petition stands disposed of. ii. Liberty is reserved to the petitioners to apply for certified copy with respondent No.6- Assistant Director of Land Records; iii. On receipt of an application seeking certified copy, respondent No.6- Assistant Director of Land Records shall forthwith issue a certified copy of the survey sketch; iv. This exercise shall be accomplished within a period three weeks from the date of receipt of application. SD/- (SACHIN SHANKAR MAGADUM) JUDGE HDK CT: BHK