- 1 - NC: 2025:KHC-D:1362 WP No. 101650 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101650 OF 2024 (LR) BETWEEN: 1. MR. ANAND PETER S/O. VINCENT KIRBY, AGE: 55 YEARS, OCC: BUSINESS, R/O. NRIC NO.651224-10-6613, NO.93, JALAN AS S/1, TAMAN KELANA, JAYA 47301, SELANGOR DARUL ESHAN, MALAYSIA. 2. MRS. SUSHILA DAISY D/O. VINCENT KIRBY, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O. NRIC NO.590922-07-5352, NO.93, JALAN AS S/1, TAMAN KELANA, JAYA 47301, SELANGOR DARUL ESHAN, MALAYSIA. 3. LEELA JASMINE D/O. VINCENT KIRBY, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O. NRIC NO.580612-07-5518, NO.93, JALAN AS S/1, TAMAN KELANA, JAYA 47301, SELANGOR DARUL ESHAN, MALAYSIA. 4. MANGALA ROSE D/O. VINCENT KIRBY, AGE: 55 YEARS, OCC: HOUSEHOLD, R/O. NRIC NO.630810-10-7886, NO.93, JALAN AS S/1, TAMAN KELANA, JAYA 47301, SELANGOR DARUL ESHAN, MALAYSIA. GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:1362 WP No. 101650 of 2024 1 TO 4 REPRESENTED BY THEIR G.P.A. HOLDER EMMANUEL PAVITRADARSHAN DAYAL S/O. BARNBAS, AGE 69 YEARS, OCC: RETIRED LT. COLNEL, R/O. NO.52, MARSHAL VILLA BANGALORE-560007. …PETITIONERS (BY SRI. G.R. GURUMATH SR. COUNSEL FOR SRI. SANTOSH NARAGUND, ADVOCATE) AND: 1. THE JOINT DIRECTOR, LAND RECORDS CITY SURVEY, NORTH ZONE, BELAGAVI. 2. ASSISTANT DIRECTOR OF LAND REVENUE, CITY SURVEY OFFICE, MINI VIDHAN SOUDHA, HUBBALLI. 3. SRI. VENKARADDI S/O. RANGARADDI KIRESUR, AGE: ABOUT 71 YEARS, OCC: BUSINESS, RESIDENT OF KIRESUR COMPLEX UNKAL CROSS, HUBBALLI, TALUK: HUBBALLI, DIST: DHARWAD. 4. SRI. SUBASH S/O. SANTWAN MAHADE, AGE: 59 YEARS, OCC: BUSINESS, R/O. A-4, RAVI SWAGAT, CHS JAVALKAR MARG, BANDORVILLAGE (EAST), NAR RUCHAN APARTMENT, MUMBAI-40042. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R2; R3-R4 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE CERTIORARI AND TO QUASH THE ORDER DATED 26-09- 2019, THE CTS APPEAL NO. -58/2017-18 PASSED BY RESPONDENT NO.1, AS PER ANNEXURE-J AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:1362 WP No. 101650 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a) Issue a writ in the nature certiorari and to quash the order dated 26-09-2019, the CTS appeal No. -58/2017-18 passed by respondent No.1, as per ANNEXURE-J. b) Issue such other direction or orders or Writ in the factual situation as deemed fit and proper be passed. 2. The brief facts of the case are; 2.1. The petitioners claim to be the legal representatives of late Vincent Kirby, who is the owner of the land in CTS No.3116 bearing RS No.58 situated at Unkal Village, Hubballi. 2.2. Respondent No.3 had claimed to be the owner of RS No.58/3B under sale deed dated 16.12.1991. The petitioner however contend that the claim of respondent No.3 is as regards the property belonging to Hubli- Dharwad Municipal Corporation (HDMC) and - 4 - NC: 2025:KHC-D:1362 WP No. 101650 of 2024 not the petitioners, and in fact HCMC had issued a notice under Section 321 of the Karnataka Municipal Corporation Act to respondent No.3. 2.3. Respondent No.3 had filed CTS Revision No.58/2017-18 before respondent No.1 - Joint Director, Land Records City Survey, North Zone, Belagavi, to set aside the mutation entry of the petitioners and by holding that his property is covered in RS No.58, without making the aforesaid Vincent Kirby as a party to the present proceedings. 2.4. Respondent No.4 had filed objections to the Revision Petition. Respondent No.1 by order dated 20.06.2019, directed the ADLR and Land Revenue officials, Hubballi, to conduct a joint spot inspection and submit a report. 2.5. Respondent No.1 had, in the meanwhile, also filed a complaint before the Anti Corruption Bureau, alleging that there is manipulation of - 5 - NC: 2025:KHC-D:1362 WP No. 101650 of 2024 documents in CTS No.3116 and 3121 and subsequently by order dated 26.09.2019, allowed the CTS appeal. 2.6. Challenging the same, respondents No.4 and 5 filed W.P.No.114504/2019, which came to be withdrawn on 14.12.2023. The petitioners sought to be impleaded in the said petition, who were granted liberty to independently challenge the order and as such, the petitioners are before this Court challenging the same. 3. The submission of Sri.G. R. Gurumath, learned Senior Counsel appearing for the petitioners is that, in the impugned order, though respondent No.1, vide order dated 20.06.2019, had directed the ADLR to carry out joint inspection and submit a report, in the impugned order dated 26.09.2019, respondent No.1, having observed that there is no report submitted, has gone ahead and passed the order, and as such, - 6 - NC: 2025:KHC-D:1362 WP No. 101650 of 2024 the rights of the petitioners have been adversely affected, without a joint spot inspection being conducted in the presence of the petitioners, and the documents submitted by the petitioners have not been considered. 4. It is in that background that this Court, on 08.01.2025, called upon the learned AGA to enquire into, obtain instructions and make submission as to whether the report had been submitted or not. Today, learned AGA submitted that no such report has been submitted, on the basis of the instructions provided by the ADLR, Hubballi. 5. Respondent No.1, vide letter dated 20.06.2019, directed the ADLR, Hubballi, to carry out spot joint inspection. Now ADLR, Hubballi, has categorically stated that no such report has been submitted. It was for respondent No.1 to have awaited the said report before passing orders. Not having done so, has resulted in violation of the principles of natural - 7 - NC: 2025:KHC-D:1362 WP No. 101650 of 2024 justice, depriving the petitioner of the right to make preparation for their submissions. 6. In view of the matter, I pass the following order: ORDER i. Writ petition allowed. ii. Writ of certiorari is issued. Order dated 26.09.2019 in CTS Appeal No.58/2017-18 passed by respondent No.1 at Annexure-J, is quashed. iii. The second respondent - ADLR, is directed to carry out survey of CTS Nos.3116 and 3121, commencing from 10:30 am on 31.01.2025, to demarcate the boundaries thereof, ascertain the survey numbers relating to the said CTS numbers, and demarcate the boundaries thereof by obtaining necessary documents from the relevant Sub-Registrar's office as also the revenue document relating to the said properties and correlate the same to the extent of lands - 8 - NC: 2025:KHC-D:1362 WP No. 101650 of 2024 demarcated in the said CTS numbers, and submit a report in relation thereto on or before 14.02.2025 to the first respondent, who shall then consider the same and pass necessary orders after providing an opportunity of hearing to the petitioners. iv. Since the order is passed in the presence of the petitioners, respondents No.3 and 4 having chosen not to appear before this Court, there would be no requirement of notice to be issued to the petitioners. However, respondent No.2 is directed to serve notice on Respondents No.3 and 4 by hand delivery, as also to the HDMC before the survey is conducted. v. During the course of the survey, if ADLR is of the opinion that any other person has an interest in the said land, the ADLR shall issue notices to such person/s and conduct a joint survey, even if already conducted on 31.01.2025. - 9 - NC: 2025:KHC-D:1362 WP No. 101650 of 2024 In view of disposal of main petition, all pending I.As. if any, stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 28