- 1 - NC: 2025:KHC:13610 WP No. 14702 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 14702 OF 2023 (KLR-RR/SUR) BETWEEN: 1. SMT VEENA NATARAJ W/O LATE B H NATARAJ, AGED ABOUT 51 YEARS, R/AT NO.456, 80 FEET ROAD, 9TH CROSS, ITI LAYOUT, NAGARABHAVI, MALLATHAHALLI, BENGALURU-560056. …PETITIONER (BY SRI. HARISH H V., ADVOCATE) AND: 1. THE ASSISTANT LAND DIRECTOR OF LAND RECORDS NELAMANGALA TALUK, NELAMANGALA-562123. 2. SRI B H CHANNABYREGOWDA S/O HONNAGANGAIAH, AGED ABOUT 75 YEARS, R/AT NO.53, 1ST A MAIN ROAD, 2ND BLOCK, KORAMANGALA, BENGALURU-560095. 3. SRI B H SHIVARAMAIAH, S/O HONNAGANGAIAH, AGED ABOUT 64 YEARS, 4. SMT LAKSHMIDEVI W/O LATE B H GANGADARAIAH, AGED ABOUT 58 YEARS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13610 WP No. 14702 of 2023 R-3 AND R-4 ARE R/AT SHARADA CROSS, BARAGENAHALLI, SOMPURA HOBLI, NELAMAGNALA TALUK,BENGALURU-562127. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1; SRI. S.N.ASWATHANARAYAN., SENIOR COUNSEL FOR SRI. S.A. SUDHINDRA., ADVOCATE FOR R-3 & R-4; R-2 IS SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATED 25.5.2023 BEARING NO.ADLR/SURVEY/DISPUTE NO.17/2022-23, PASSED BY THE R-1/THE ASSISTANT LAND DIRECTOR OR LAND RECORDS, FILED FOR THATHKAL PHODI OF SY.NO.46 OF BARAGENAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK TO THE EXTENT OF 1 ACRE 19 GUNTAS, VIDE ANNX-A AND CONSEQUENTLY REMAND BACK THE MATTER FOR FRESH DISPOSAL IN ACCORDANCE WITH LAW WITH SUITABLE DIRECTIONS, 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. A request for survey of Sy.No.46 was made by the petitioner basing a claim on the basis of a unregistered partition deed. 2. The authority, instead of conducting a survey and conducting a phodi and durasti, as requested by the petitioner, has proceeded to pass an order directing the - 3 - NC: 2025:KHC:13610 WP No. 14702 of 2023 petitioner to approach the Civil Court, as the dispute in question was civil in nature. 3. Being aggrieved, the petitioner is before this Court. 4. As already stated above, it is not in dispute that the parties did enter into an unregistered partition deed under which the properties belonging to the family were divided. Both the parties would therefore be bound by the terms of the partition deed. 5. When there is admittedly a partition evidenced by a written document and request is made by one of the beneficiaries of the partition deed to conduct a survey in accordance with the terms of the partition deed, the authority is bound to consider said request and conduct a survey. The survey authorities have no right to contend that the parties are required to approach the Civil Court. 6. Consequently, the impugned order is set aside and the Assistant Director of Land Records is directed to - 4 - NC: 2025:KHC:13610 WP No. 14702 of 2023 conduct a survey and also a phodi and durasti, as requested by the petitioner, in accordance with the terms of the unregistered partition deed dated 04.01.1982. 7. The writ petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 46