- 1 - NC: 2025:KHC:2674 WP No. 23231 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.23231 OF 2024 (KLR-RR/SUR) BETWEEN: SMT M.SARASWATHAMMA W/O. B.NARASIMHAMURTHY AGED ABOUT 60 YEARS R/AT NO.70, AMARJYOTHI LAYOUT R.M.V 2ND STAGE 60 FEET ROAD SANJAYANAGARA BENGALURU - 560 090 …PETITIONER (BY SRI.CHANDRAPPA V, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA VEEDHI VIDHANA SOUDHA BENGALURU-560 002 2. THE TAHSILDHAR YELAHANKA TALUK YELAHANKA-560 064 3. THE ASSISTANT DIRECTOR OF LAND RECORDS Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2674 WP No. 23231 of 2024 YELAHANKA BENGALURU URBAN DISTRICT-560 064 4. THE TALUK SURVEYOR YELAHANKA BENGALURU URBAN DISTRICT-560 064 …RESPONDENTS (BY SMT.B.P.RADHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 4 TO PHODE AND DURASTH THE LAND OF THE PETITIONER PURSUANT TO THE APPLICATION FILED BY THE PETITIONER DATED 24.06.2013 AS PER ANNX-C AND REPRESENTATION DTD. 14.03.2024 AS PER ANNX-F AND TO GRANT SUCH OTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT 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 This is the second round of litigation, wherein the petitioner is again compelled to knock the doors of the writ Court seeking mandamus to direct respondent Nos.2 to 4 to conduct phodi and durasti proceedings pursuant to the - 3 - NC: 2025:KHC:2674 WP No. 23231 of 2024 applications tendered by the petitioner dated 24.06.2013 and 14.03.2024 as per Annexure-C and F respectively. 2. Learned AGA, on instructions, submits that the petitioner's application is already processed and the Authorities will accomplish the phodi and durasti proceedings in accordance with law. 3. However, the learned counsel for the petitioner has brought to the notice of this Court that the respondents are showing complete laxness in not conducting phodi and durasti contrary to the directions issued by this Court in W.P.No.17602/2023. 4. On careful examination of the writ papers, this Court is satisfied that there has been a failure on the part of respondent No.2, the Tahasildar, in executing the phodi and durasti despite explicit directions issued by this Court in W.P. No.17602/2023 on 27.11.2023. Consequently, this case warrants the issuance of a mandamus. Further, the Court notes that any future lack of diligence in compliance - 4 - NC: 2025:KHC:2674 WP No. 23231 of 2024 with orders passed by this Court will result in appropriate action being taken against the concerned officials for their failure to perform their duties. 5. Accordingly, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent Nos.2 to 4 are hereby directed to forthwith conduct phodi and durasti by taking cognizance of the title deeds obtained by the petitioner. (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.: 17