- 1 - NC: 2025:KHC:83 WP No. 18467 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 18467 OF 2024 (KLR-RES) BETWEEN: SRI. SHAMBAHULINGE GOWDA, S/O MANCHEGOWDA, AGED 62 YEARS, R/AT KEELARA VILLAGE, MANDYA TALUK, MANDYA - 571 404. …PETITIONER (BY SRI. PRAKASH M.H, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU - 560 001. 2. THE THASHILDAR, MANDYA TALUK, MANDYA CITY - 571 401. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS, MANDYA SUB DIVISION, MANDYA - 571 401. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:83 WP No. 18467 of 2024 OF MANDAMUS TO THE R-2 AND 3 TO ACT ON THE PHYSICAL APPLICATION DATED 10.08.2023 SUBMITTED BY THE PETITIONER VIDE ANNX-E AND TO COMPLETE THE PHODI WORK AS REQUESTED FORTHWITH. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking a mandamus against respondents No.2 and 3 to take cognizance of the application dated 10-08-2023 submitted by the petitioner, evidence at Annexure-E and complete the phodi work as requested in the application. 2. Facts leading to the case are as under: The petitioner submitted an application seeking phodi and durasti to an extent of one acre of land in Sy.No.28 of Bellandagere village, Kasaba Hobli, Mandya taluk. The petitioner is tracing title based on grant order. The petitioner asserts that one acre of land in Sy.No.28 is granted in favour of Smt.Chikkamma. The petitioner - 3 - NC: 2025:KHC:83 WP No. 18467 of 2024 claims that he has purchased the said extent of land from the original grantee and an application is filed seeking phodi and durasti. Alleging that there is complete laxness on the part of respondents No.2 and 3 in not effecting phodi and durasti, the petitioner is compelled to approach this Court. 3. Having reviewed the writ papers, this Court is of the view that the petitioner, having purchased the petition land from the original grantee, has a legal right to seek a subdivision in terms of title document under which the petitioner has acquired title to an extent of one acre in a larger extent of said survey number. 4. Learned AGA assures this Court that the application tendered by the petitioner will be dealt in accordance with law and phodi and durasti work will be conducted provided some reasonable time is granted. 5. Despite the learned Additional Government Advocate's (AGA) earnest efforts to persuade this Court to - 4 - NC: 2025:KHC:83 WP No. 18467 of 2024 grant a period of six months, this Court finds no justification to accede to such a request. The records reveal that the respondents received the application as early as 2023 but have failed to act upon it within a reasonable time. Their inaction appears to stem from unwarranted and unjustifiable reasons, amounting to administrative apathy. Such an approach not only undermines the rule of law but also impinges upon the applicant's legitimate rights. In these circumstances, the failure to act expeditiously leaves this Court with no option but to invoke its powers to issue a writ of mandamus, compelling the respondents to discharge their duties in accordance with law. 6. For the foregoing reasons, this Court passes the following: ORDER i. The writ petition is allowed; ii. Respondents No.2 and 3 are hereby directed to conduct phodi and durasti by acting on the - 5 - NC: 2025:KHC:83 WP No. 18467 of 2024 representation submitted by the petitioner vide Annexure-E; iii. This exercise shall be accomplished within a period of four months from the date of receipt of order copy after verifying the records. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK CT: BHK