- 1 - NC: 2025:KHC:7401 WP No. 24003 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.24003 OF 2024 (KLR-RES) BETWEEN: SRI N.CHANDRAPPA S/O. LATE NAGENDRAPPA AGED ABOUT 47 YEARS RESIDING AT NO.4280 VIJAYANAGAR, 4TH STAGE 2ND PHASE BEHIND UNION BANK MYSORE MYSORE-570 032. …PETITIONER (BY SRI. S.B.SRIKANTH, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA-577 501 2. THE TAHSILDAR HOLALKERE TALUK-577 526 CHITRADURGA DISTRICT 3. SRI. H. M. RUDRAPPA S/O MAHADEVAPPA AGED ABOUT 66 YEARS AGRICULTURIST RESIDENT OF RANGAPURA VILLAGE Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:7401 WP No. 24003 of 2024 HOLALKERE TALUK-577 526 CHITRADURGA DISTRICT …RESPONDENTS (BY SMT.B.P.RADHA, AGA FOR R.1 AND R.2; NOTICE TO R.3 IS D/W V/O/D 19.02.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE OFFICE OF R-1 PERTAINING TO CASE BEARING NO.RA (A) 16/2019 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 The present case vividly demonstrates a clear instance of negligence and dereliction of duty on the part of respondent No.2 – the Tahsildar. It is evident from the records that respondent No.2 has willfully disregarded and failed to comply with the directives issued by respondent No.1 – the Deputy Commissioner. This blatant disregard is substantiated by Annexure-J, which records the instructions issued by respondent No.1, followed by a subsequent reminder, as evidenced in Annexure-M. The said reminder was issued at the instance of the - 3 - NC: 2025:KHC:7401 WP No. 24003 of 2024 petitioner, who had to repeatedly seek compliance with the earlier directive. Despite such clear instructions, respondent No.2 has not taken the necessary action, demonstrating a lack of administrative diligence and accountability. 2. The petitioner’s grievance primarily revolves around the inaction of respondent No.2 – the Tahsildar, despite clear instructions from respondent No.1 – the Deputy Commissioner. The records unequivocally establish that respondent No.1 had set aside the earlier phodi proceedings and remitted the matter back to respondent No.2 for conducting a fresh phodi. However, despite this explicit direction, respondent No.2 has failed to act, leading to undue delay and hardship to the petitioner. The inaction on the part of respondent No.2 is not only unjustified but also reflects a serious lapse in the discharge of official duties. The continued non-compliance with the directives of the superior authority highlights a grave case of administrative apathy. Given these - 4 - NC: 2025:KHC:7401 WP No. 24003 of 2024 circumstances, it is evident that the petitioner has been left without any effective remedy, thereby warranting the issuance of a writ of mandamus to compel respondent No.2 to fulfill the official obligations as per law. 3. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent No.2 – Tahasildar is hereby directed to implement the directions issued by respondent No.1 – Deputy Commissioner evidenced at Annexure-J followed by the second reminder evidenced at Annexure-M. (iii) This exercise shall be accomplished within a period of four months from the date of receipt of order copy. (iv) Respondent No.2 – Tahasildar is at liberty to take assistance of the jurisdictional Assistant Director of Land Records to accomplish the phodi. - 5 - NC: 2025:KHC:7401 WP No. 24003 of 2024 (v) The Learned AGA is directed to forward a copy of this order to Respondent No.1 – Deputy Commissioner, who shall determine the Tahasildar responsible for this lapse in 2021. The Deputy Commissioner shall also identify any violations of directives issued by their office and take appropriate action against the concerned Tahsildar. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 5