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2025 DAILYLAW 24410 (KAR)

SRI NAGARAJU K M v. THE STATE OF KARNATAKA

WP/11622/2025 · 2025-04-17

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:16076 WP No. 11622 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11622 OF 2025 (KLR-RES) BETWEEN: 1. SRI NAGARAJU K M S/O. LATE MADANAIKA, AGED ABOUT 39 YEARS, RESIDING AT KALIHUNDI VILLAGE, TALAKADU HOBLI, HOLESALU (KAVERIPURA), TIRUMAKUDAL NARASIPURA TALUK, MYSURU DISTRICT, KARNATAKA-571 122 …PETITIONER (BY SRI. C.R.SANDESH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, DEPARTMENT OF REVENUE, M. S. BUILDING, BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, SIDDHARTHA NAGARA, MYSURU DISTRICT, MYSURU - 570 001. 3. THE ASSISTANT COMMISSIONER, MYSURU SUB DIVISION, MYSURU DISTRICT, MYSURU - 570 001 4. THE TAHASILDAR, TIRUMAKUDAL NARASIPURA TALUK, MYSURU DISTRICT, MYSURU - 571 124 5. THE OFFICER OF THE ASSISTANT Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16076 WP No. 11622 of 2025 DIRECTOR OF LAND RECORDS, TIRUMAKUDAL NARASIPURA TALUK, MYSURU DISTRICT, MYSURU - 571 124. 6. SRI MAHADEVA. S/O. LATE MADANAIKA, AGED ABOUT 64 YEARS, RESIDING AT KALIHUNDI VILLAGE, KALIHUNDI VILLAGE, TALAKADU HOBLI, HOLESALU (KAVERIPURA). TIRUMAKUDAL NARASIPURA TALUK, MYSURU DISTRICT, KARNATAKA-571 122 7. SMT. RAJAMMA, W/O. LATE MADANAIKA, AGED ABOUT 61 YEARS, RESIDING AT KALIHUNDI VILLAGE, TALAKADU HOBLI, HOLESALU (KAVERIPURA), TIRUMAKUDAL NARASIPURA TALUK, MYSURU DISTRICT, KARNATAKA-571 122 8. SMT. PUTTAMMA, W/O. LATE BANGARA, AGED ABOUT 45 YEARS, RESIDING AT KUKKUR VILLAGE, TALAKADU HOBLI, TIRUMAKUDAL NARASIPURA TALUK, MYSURU DISTRICT, KARNATAKA - 571 122 9. SRI. MAHADEVA, S/O. LATE MADANAIKA, AGED ABOUT 43 YEARS, RESIDING AT KALIHUNDI VILLAGE, TALAKADU HOBLI, HOLESALU (KAVERIPURA), TIRUMAKUDAL NARASIPURA TALUK, MYSURU DISTRICT, KARNATAKA - 571 122 10. SMT. SHOBHA, W/O SIDDARAJ, AGED ABOUT 39 YEARS, RESIDING AT KALIHUNDI VILLAGE, TALAKADU HOBLI, HOLESALU (KAVERIPURA), - 3 - NC: 2025:KHC:16076 WP No. 11622 of 2025 TIRUMAKUDAL NARASIPURA TALUK, MYSURU DISTRICT, KARNATAKA 571 122 11. SMT. GOWRAMMA, W/O. MAHADEVA, AGED MAJOR, RESIDING AT KALIHUNDI VILLAGE, TALAKADU HOBLI, HOLESALU (KAVERIPURA), TIRUMAKUDAL NARASIPURA TALUK, MYSURU DISTRICT, KARNATAKA - 571 122 …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP FOR R-1 TO R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF THE ASST. DIRECTOR OF LAND RECORDS - R-5 VIDE ANNX-A AND QUASH THE IMPUGNED ENDORSEMENT DTD 15.02.2025 ISSUED BY THE OFFICE OF THE ASST. DIRECTOR OF LAND RECORDS - R-5 WITH RESPECT TO THE PETITION SCHEDULE LAND VIDE ANNX-A, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is aggrieved by an endorsement by which the Assistant Director of Land Records has stated that the request of the petitioner not to conduct a survey cannot be entertained in the absence of any interim order granted by a Civil Court or a competent Authority. - 4 - NC: 2025:KHC:16076 WP No. 11622 of 2025 2. A reference is also made in the said endorsement to O.S. No.330/2024 which has been filed by one Mahadev in which his request for injunction has been rejected. 3. In the light of the above facts, in my view, it would be appropriate to direct the petitioner to approach the Civil Court in O.S. No.330/2024 and make an application to restrain the survey authorities from conducting a survey. If such an application is made, the Civil Court shall consider the application expeditiously at any rate within a period of four weeks and dispose of the application. 4. Subject to the above, Writ Petition is disposed of. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM, List No.: 1 Sl No.: 44