- 1 - HC-KAR NC: 2025:KHC:18827 WP No. 15839 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.15839 OF 2025 (KLR-RES) BETWEEN: 1. SMT. GOWRAMMA W/O LATE S.T. SAMPANGI AGED ABOUT 87 YEARS, R/AT NEAR BASAVESHVARA TEMPLE, SAMETHANAHALLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-560067. 2. SRI. S. MUNIRAJU S/O LATE S.T SAMPANGI AGED ABOUT 62 YEARS, R/AT NO.63, KESHAVARAO LAYOUT, BEHIND PANCHAYAT OFFICE, KADUGODI, BANGALORE RURAL DISTRICT-560 067. 3. SRI. S. SRINIVASA S/O LATE S.T. SAMPANGI AGED ABOUT 60 YEARS, R/AT # 236, SAMETHANAHALLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-560 067 4. SRI. S. RAVINDRA S/O LATE S.T. SAMPANGI AGED ABOUT 57 YEARS, R/AT NEAR BASAVESHVARA TEMPLE, SAMETHANAHALLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-560067 …PETITIONERS (BY SRI. RAJESH GOWDA, ADVOCATE) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18827 WP No. 15839 of 2025 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU -560 001. 2. THE TASHILDHAR HOSAKOTE TALUK, HOSAKOTE - 562 114. 3. THE TALUK SURVEYOR HOSAKOTE TALUK, HOSAKOTE - 562 114. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE VIDE BEARING NO. THHSK-LNDOLNDA 277/2024-2025 ISSUED BY RESPONDENT NO.3 VIDE ANNEXURE -A; RESTRAIN THE RESPONDENT NO.3 FROM CONDUCTING SURVEY OF THE LAND BEARING SURVEY NO. 13, MEASURING 0 ACRE 15 GUNTAS OF NAGANAYAKANAKOTE VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, UNTIL CONSIDERING THE APPLICATON/ FORM NO. 53 OF THE PETITIONERS. 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 1. Learned Additional Government Advocate accepts notice for the respondents. - 3 - HC-KAR NC: 2025:KHC:18827 WP No. 15839 of 2025 2. In this Writ Petition, petitioners are assailing the notice bearing No. THHSK-LNDOLNDA 277/2024-2025 (Annexure-A) issued by respondent No.3 to conduct survey of the land bearing Sy.No.13 measuring 15 guntas of Naganayakanakote Village, Anugondanahalli Hobli, Hosakote Taluk, as per Form 53. 3. Heard learned counsel appearing for the parties. 4. It is contended by the learned counsel for the petitioners that, the petitioners herein are in possession of the land in question since decades and they have made an application seeking regularisation of the unauthorised occupation as per Annexure-B and the same has not been considered by respondent - authorities and on the other hand, the respondent No.3 has issued the notice to conduct survey which would affect right of the petitioners. 5. Per contra, learned Additional Government Advocate submitted that the notice has been issued to conduct survey in respect of the land in question and the same cannot be interfered with under Articles 226 and 227 of the Constitution of India. - 4 - HC-KAR NC: 2025:KHC:18827 WP No. 15839 of 2025 6. In the light of the submissions made by the learned counsel appearing for the parties, as it is contended by the learned counsel for the petitioners that, the application made by the petitioners seeking regularisation of their unauthorised occupation as per Annexure-B is pending consideration before the competent authorities, however, it has to be noted that filing of application itself cannot enure to the benefit of the petitioners to claim their ownership in respect of the schedule property. 7. In that view of the matter, as the petitioners herein have challenged the notice issued by respondent No.3 to conduct survey in respect of the land in question, I am of the view, that no interference is called for in this Writ Petition. The Writ Petition is dismissed as devoid of merits. SD/- (E.S.INDIRESH) JUDGE sac List No.: 2 Sl No.: 3