- 1 - NC: 2025:KHC:1705 WP No. 21361 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.21361 OF 2024 (KLR-RR/SUR) BETWEEN: BALAGANGADHARA GOWDA S/O LATE AMARANATHA AGED ABOUT 46 YEARS EX-SERVICEMAN AND AGRICULTURIST R/O SUNKADEVARAKOPPA VILLAGE SHIRIVANTHE POST TALAGUPPA HOBLI SAGARA TALUK SHIVAMOGGA DISTRICT- 577401. …PETITIONER (BY SRI.S V PRAKASH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDING BENGALURU-560 001 2. THE TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS SHIVAMOGGA DISTRICT SHIVAMOGGA Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1705 WP No. 21361 of 2024 3. ASSISTANT DIRECTOR OF LAND RECORDS SAGARA TALUK SAGARA SHIVAMOGGA DISTRICT-577 401 …RESPONDENTS (BY SMT.B.P.RADHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R3 TO IMPLEMENT THE ORDER OF THE R2 DTD 16.11.2021 IN PROCEEDING PRODUCED TO THE ANNX-A IN SO FAR AS PETITIONER IS CONCERNED TO THE WRIT PETITION BY CONDUCTING PHODI AND DURASTH AFRESH I.E. TO CONDUCT THE PHODI AND DURASTH IN RESPECT OF SY. NO.74/4 OF SRIVANTHE VILLAGE, TALAGUPPA HOBLI, SAGARA TALUK, SHIVAMOGGA DISTRICT AFRESH AND ETC. 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 In the captioned writ petition, the petitioner is seeking writ in the nature of mandamus to direct respondent No.3 to implement the order of respondent No.2 and conduct fresh phodi and durasth in respect - 3 - NC: 2025:KHC:1705 WP No. 21361 of 2024 of the land bearing Sy. No.74/4 of Sirivanthe Village, Talaguppa Hobli, Sagara Taluk, Shivamogga District. 2. Heard learned counsel for the petitioner and learned AGA. 3. Facts leading to the case are as under; The subject matter of the petition is an agricultural land bearing Sy. No.74/4 totally measuring 13 acres 34 guntas including 38 guntas kharab land. The petitioner asserts that his father was a party to the partition suit, which was ended in compromise. The petitioner further contends that contrary to the allotment indicated in the compromise decree passed in O.S.No.298/2010, respondent No.3, without notifying the interested parties, conducted phodi and durasti proceedings. - 4 - NC: 2025:KHC:1705 WP No. 21361 of 2024 4. Feeling aggrieved by the said phodi and durasti proceedings, it appears that the petitioner assailed the said order before respondent No.2. Respondent No.2 has set-aside the survey undertaken by respondent No.3, which is evidenced at Annexure-A and direction is issued to respondent No.3 to redo the work strictly aligning with the allotment made under the compromise decree passed in O.S.No.298/2010. This order is dated 16.11.2021. 5. Perusal of the records, this Court is more than satisfied that there is a clear laxness on the part of respondent No.3 in not conducting a fresh phodi and durasti strictly aligning with the specific allotment made under the compromise decree passed in O.S.No.298/2010. The petitioner, who is tracing his right through his father for allotment of specific share in Sy. No.74/4, has a legal right to seek appropriate direction at the hands of this Court as there is inaction - 5 - NC: 2025:KHC:1705 WP No. 21361 of 2024 on the part of respondent No.3. Therefore, this is a fit case, where mandamus lies. 6. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent No.3 is hereby directed to forthwith comply with the directions issued by respondent No.2 by conducting a fresh phodi and durasti in respect of the land bearing Sy. No.74/4 of Sirivanthe Village, Talaguppa Hobli, Sagara Taluk, Shivamogga District strictly aligning with the specific allotment made under the compromise decree passed in O.S.No.298/2010. - 6 - NC: 2025:KHC:1705 WP No. 21361 of 2024 (iii) This exercise shall be accomplished within a period of three months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 11