- 1 - NC: 2025:KHC:6413 WP No. 21133 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.21133 OF 2022 (KLR-RES) BETWEEN: MRS.K.T.ASHWINI AGED ABOUT 54 YEARS W/O LATE C.B.VISHWANATH GANAPATHY NAGARA 2ND BLOCK, HALLIGATTU VILLAGE AND POST PONNAMPET TALUK KODAGU DISTRICT PIN CODE-571216 …PETITIONER (BY SRI. K.S.BHEEMAIAH, ADVOCATE) AND: 1. SRI C.B.GOPALA KRISHNA S/O LATE C.B.BOPAIAH MAJOR PRIYA SERVICE STATION NEAR KODAVA SAMAJA PONNAMPET COORG DISTRICT PIN CODE-571216 2. ASSISTANT DIRECTOR OF LAND RECORDS VIRAJPET TALUK OFFICE VIRAJPET COORG DISTRICT PIN CODE-571218 Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:6413 WP No. 21133 of 2022 3. SUPERINTENDENT OF POLICE MADIKERI TOWN MADIKERI PIN CODE-571201 …RESPONDENTS (BY SRI.I.S.DEVAIAH, ADVOCATE FOR SRI.DEVARAJ K.S, ADVOCATE FOR R.1; SMT.B.P.RADHA, AGA FOR R.2 AND R.3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE R-2 TO MAKE ARRANGEMENT TO SURVEY THE PETITIONER PROPERTIES AND TO FIX THE BOUNDARIES/HADDUBASTU OF THE PETITIONERS PROPERTY AS PER LAW AND REPORT THE SAME TO THIS HONBLE COURT 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 writ petition is filed seeking mandamus against respondent No.2 - Assistant Director of Land Records to conduct survey and fix boundaries to the property held by the petitioner in accordance with law. The petitioner is also seeking direction against respondent No.3 to direct the jurisdictional Ponnampet Police to provide protection to - 3 - NC: 2025:KHC:6413 WP No. 21133 of 2022 respondent No.2 - Assistant Director of Land Records while accomplishing the survey work. 2. Heard learned counsel for the petitioner, learned counsel appearing for respondent No.1 and learned AGA. 3. Learned AGA, on instructions, submits that on receipt of the application tendered by the petitioner, the survey was already conducted in 2017 and the sketch was also prepared indicating that the encroachment is made by respondent No.1. 4. Learned counsel for respondent No.1 would point out that respondent No.1 was never notified and in their absence, the survey was accomplished and therefore, he contended that the survey work undertaken by the Authorities cannot be looked into. 5. Considering the petitioner’s request for a fresh survey, and upon meticulous examination of the records, this Court finds that respondent No.1/the brother-in-law - 4 - NC: 2025:KHC:6413 WP No. 21133 of 2022 may be attempting to take undue advantage of the fact that his brother is no longer alive. On the other hand, the petitioner, a widow, is seeking to retain possession of the property that was duly allotted to her late husband under the family partition. 6. If the learned counsel for respondent No.1 acknowledges the existence of a family partition, both the petitioner and respondent No.1 must assert their respective titles strictly in accordance with the registered Partition Deed. Additionally, both parties are bound to recognize and respect their respective possessions as delineated in the Partition Deed. Given the existing boundary dispute and the fact that respondent No.1 does not contest the allotment of shares under the Partition Deed, this Court finds that the petitioner has a legitimate right to seek a survey and demarcation of boundaries in accordance with the Partition Deed. 7. However, respondent No.1 has raised a valid concern, as reflected in paragraph 7 of the writ petition, - 5 - NC: 2025:KHC:6413 WP No. 21133 of 2022 that the petitioner may attempt to include properties that were not part of the family partition. This apprehension merits consideration. While the petitioner is entitled to seek a survey of the family properties, she cannot, under this pretext, extend the survey to include properties that fall outside the scope of the registered Partition Deed. Given the boundary dispute and respondent No.1’s serious challenge to the previous survey, this Court deems it appropriate to issue necessary directions to ensure a fair and accurate demarcation. 8. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent No.2 is directed to conduct a fresh survey strictly confined to the lands covered under the Partition Deed dated 12.06.2000, as evidenced in Annexure-A. - 6 - NC: 2025:KHC:6413 WP No. 21133 of 2022 (iii) Both the petitioner and respondent No.1 shall extend full cooperation to respondent No.2 in carrying out the survey, ensuring that the demarcation adheres to the extent specified in the Partition Deed. (iv) In case of any obstruction by either the petitioner or respondent No.1, respondent No.2 is at liberty to seek necessary assistance from the jurisdictional Police Station to complete the survey. (v) The survey is scheduled for 05.03.2025 at 11:00 a.m. The petitioner and respondent No.1 shall appear before respondent No.2 on the said date without expecting any further notice. (vi) Since this Court has fixed the date of the survey, respondent No.2 shall not issue any fresh notice to the petitioner and respondent No.1 in this regard. I.A.No.1/2024 filed for early hearing is disposed off accordingly. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 2