- 1 - HC-KAR NC: 2025:KHC:19940 WP NO.16557 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.16557 OF 2025 (KLR-RES) BETWEEN: SRI. NARESH KUMAR SHETTY S/O LATE SANJEEVA SHETTY AGED ABOUT 65 YEARS, RESIDING AT VANASHREE, BELVE VILLAGE AND POST, KUNDAPURA, UDUPI - 576 212. …PETITIONER (BY SRI. AJITH A. SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. BY ITS PRINCIPAL SECRETARY. 2. DEPUTY COMMISSIONER UDUPI DISTRICT, RAJATADRI, MANIPAL, UDUPI - 576 201. 3. DEPUTY DIRECTOR OF LAND RECORDS UDUPI DISTRICT, RAJATADRI, MANIPAL, UDUPI - 576 201. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19940 WP NO.16557 OF 2025 4. ASSISTANT COMMISSIONER KUNDAPURA SUB-DIVISION KUNDAPURA, UDUPI - 576 212. 5. ASSISTANT DIRECTOR OF LAND RECORDS KUNDAPUR SUB-DIVISION, KUNDAPURA, UDUPI - 576 212. 6. TAHSILDAR KUNDAPUR TALUK, UDUPI - 5767 212. 7. SRI. K. SACHIDANANDA HEGDE S/O LATE SHIVARAMA HEGDE, AGED ABOUT 65 YEARS, RESIDING AT FLAT NO.M2, PEACE LAND APARTMENT, PINTO'S LANE, KADRI KAMBALA ROAD, BIJAI, MANGALURU - 575 004. 8. SRI. M. RATHNKAR SHETTY S/O M ANANDA SHETTY AGED ABOUT 49 YEARS, MOLAHALLI VILLAGE, KUNDAPUR TALUK, UDUPI - 576 201. 9. SRI. ANANTHA KULAL S/O BACHA KULALA AGED ABOUT 59 YEARS, MOLAHALLI VILLAGE, KUNDAPUR TALUK, UDUPI - 576 201. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 TO R6) - 3 - HC-KAR NC: 2025:KHC:19940 WP NO.16557 OF 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS 3 AND 5 TO SURVEY THE INDIVIDUAL HOLDINGS OF THE PETITIONER AND RESPONDENTS 7, 8 AND 9 IN SURVEY NO.251 OF MOLAHALLI VILLAGE, KUNDAPUR TALUK, UDUPI DISTRICT; DIRECT RESPONDENTS 2, 4 AND 6 TO SUB-DIVIDE SURVEY NO.251 OF MOLAHALLI VILLAGE, KUNDAPUR TALUK, UDUPI DISTRICT TO DEPICT THE INDIVIDUAL HOLDINGS OF THE PETITIONER AND RESPONDENTS 7, 8 AND 9; DIRECT THE RESPONDENTS 2, 4 AND 6 TO ACCORD INDIVIDUAL SUB-DIVISION SURVEY NUMBERS TO THE INDIVIDUAL HOLDINGS OF THE PETITIONER AND RESPONDENTS 7, 8 AND 9; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER Sri. Siddharth Babu, learned Additional Government Advocate accepts notice for respondents 1 to 6. 2. In this writ petition, the petitioner is seeking direction to the respondents 3 and 5 to Survey the individual holdings of the petitioner and the respondents 7 to 9 in land bearing Survey No.251 of Molahalli Village, Kundapur Taluk, Udupi District; inter alia sought for direction to the respondents 2, 4 and 6 to sub-divide the Survey No.251 of the above said Molahalli Village to depict the individual holdings of the petitioner and the respondents 7 to 9. - 4 - HC-KAR NC: 2025:KHC:19940 WP NO.16557 OF 2025 3. Heard Sri. Ajith A. Shetty, learned counsel appearing for the petitioner and Sri. Siddaharth Baburao, learned Additional Government Advocate appearing for respondents 1 to 6. 4. Sri. Ajith A. Shetty, learned counsel appearing for the petitioner invited the attention of the Court to the proceedings pending consideration before the competent Civil Court in Original Suit No.28 of 2011, which is filed by the petitioner seeking relief of declaration against the respondents 7 to 9 herein. He further invited the attention of the Court to the report produced at Annexure-D and submitted that, in view of the discrepancy with regard to the actual measurement of the land in question, so also the occupation of the land in question by the respondent No.7 as culled out in the report, the direction be issued to the respondent-Authorities to conduct Survey and to sub-divide the Survey No.251 of Molahalli Village, Kundapur Taluk, Udupi District to divide the same between the petitioner and the respondents 7 to 9. 5. Per contra, Sri. Siddharth Baburao, learned Additional Government Advocate appearing for respondents 1 - 5 - HC-KAR NC: 2025:KHC:19940 WP NO.16557 OF 2025 to 6 invited the attention of the Court to the observation made by this Court at paragraph 4 in Writ Petition No.3153 of 2019 disposed of on 21st February, 2022 (Annexure-A) and submitted that, this Court had already observed that the petitioner had to await the judgment and decree that may be passed by the Civil Court. Accordingly, he submitted that, no interference be called for in this writ petition. 6. In the light of submission made by learned counsel appearing for the parties, it is not in dispute that the Original Suit No.28 of 2011 filed by the petitioner against the respondents 7 to 9, seeking relief of declaration is pending consideration before the competent Civil Court. It is also forthcoming from the writ petition that the respondent No.7 herein has filed Original Suit No.188 of 2010, seeking relief of permanent injunction against the petitioner herein, which is also pending consideration before the competent Civil Court. In that view of the matter, taking into account the observation made by this Court at paragraph 4 of the Writ Petition No.3153 of 2019 disposed of on 21st February, 2022, I find force in the submission made by learned Additional Government Advocate appearing for respondents 1 to 6 that, no interference be called - 6 - HC-KAR NC: 2025:KHC:19940 WP NO.16557 OF 2025 for in this writ petition to direct the respondent-Authorities to conduct Survey of the land in question, since the title of the parties is yet to be adjudicated by the competent Civil Court in the aforementioned pending suits. Accordingly, writ petition is dismissed as devoid of merits. 7. However, it is open for the petitioner to make application in the suit pending consideration before the competent Civil Court, seeking the relief sought for in the present writ petition, if so advised. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 44