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2025 DAILYLAW 27397 (KAR)

SRI N HANUMANTHARAYA v. THE STATE OF KARNATAKA

WP/15436/2025 · 2025-06-30

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22887 WP No. 15436 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 15436 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SRI N HANUMANTHARAYA, S/O LATE NARASIMHAIAH, AGED ABOUT 71 YEARS, 2. SRI. B. SHIVARAJU, S/O LATE BHIMANNA, AGED ABOUT 43 YEARS, PETITIONERS NO.1 & 2 ARE R/A BYADARAHALLI VILLAGE, ID HALLI HOBLI, MADHUGIRI TALUK 572 132. …PETITIONERS (BY SRI VIVEK S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH ITS CHIEF SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. BR AMBEDKAR VEEDI, BENGALURU-560 001. 2. DEPUTY COMMISSIONER, TUMAKURU DISTRICT, MINI VIDHANA SOUDHA, TUMAKURU-572 101. 3. ASSISTANT COMMISSIONER, MADHUGIRI SUB DIVISION, MADHUGIRI-572 132. Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22887 WP No. 15436 of 2025 4. TAHSILDHAR, MADHUGIRI TALUK, MADHUGIRI-572 132. 5. ASSISTANT DIRECTOR OF LAND RECORDS, MADHUGIRI TALUK, MADHUGIRI-572 132. 6. SRI. CHIRANTHAN C., S/O N.V.CHETHANRAYA, AGED ABOUT 34 YEARS, R/A NO.29, NANJAPPA CIRCLE, VENKATASWAMAPPA LAYOUT, BENGALURU NORTH DISTRICT, BENGALURU-560 037. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 RO R5) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE IMPUGNED ENDORSEMENT ISSUED BY RESPONDENT NO.5 DATED 03.05.2025 BEARING NO. BHOO.SA.NI.THAM.E MO 372.2024-25 PRODUCED AS ANNEXURE A AND ETC., THIS PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER Learned AGA accepts notice for respondents No.1 to 5. 2. Heard learned counsel appearing for the petitioners and learned AGA. 3. In this writ petition, the petitioners are assailing Endorsement dated 03.05.2025. - 3 - HC-KAR NC: 2025:KHC:22887 WP No. 15436 of 2025 4. Having taken note of the submissions made by the learned counsel appearing for the petitioners that since suit in O.S.No.406/2024 is pending consideration in respect of the subject land, the Endorsement issued by the respondent- authorities at Annexure-A requires to be set-aside. 5. Per contra, learned AGA submitted that, the Endorsement issued by the respondent-authorities to the petitioners the petitioners have requested the authorities not to conduct survey in respect of the subject land is concerned. 6. In that view of the matter, taking into consideration that a mandamus cannot be issued against the public authorities to not to conduct their public duty, and further, taking into consideration the claim made by the petitioners restraining the respondent-authorities to not to conduct survey, cannot be considered under Article 226 of the Constitution of India. Accordingly, the petition stands dismissed. Sd/- (E.S.INDIRESH) JUDGE AV/List No.: 1 Sl No.: 37