SRI K DEVARAJU v. THE COMMISSIONER SURVEY SETTLEMENT AND LAND RECORDS
WP/25080/2022 · 2025-06-18
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33968 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33968 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:21079 WP No. 25080 of 2022 C/W WP No. 21908 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 25080 OF 2022 (KLR-RR/SUR) C/W WRIT PETITION NO. 21908 OF 2022 (KLR-RR/SUR) IN WP No. 25080/2022 BETWEEN:
SRI. K. DEVARAJU, S/O LATE K. KRISHNAPPA, AGED ABOUT 43 YEARS, R/AT KUDARAGERE VILLAGE, JALA HOBLI, BANGALORE NORTH (ADDITIONAL TALUK ), BANGALORE DISTRICT - 562 114. …PETITIONER (BY SRI. RAVINDRA B.S, ADVOCATE) AND:
1.
THE COMMISSIONER SURVEY, SETTLEMENT AND LAND RECORDS, K.R. CIRCLE, BANGALORE - 560 001.
2.
THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, KANDHAYA BAVAN, K.G. ROAD, BANGALORE - 560 001.
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:21079 WP No. 25080 of 2022 C/W WP No. 21908 of 2022
3.
TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER AND EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS, BANGALORE URBAN DISTRICT, K.G. ROAD, BANGALORE - 560 009.
4.
ASSISTANT DIRECTOR OF LAND RECORDS BANGALORE NORTH (ADDITIONAL ) TALUK, YELAHANKA NEW TOWN, BANGALORE DISTRICT - 560 064.
5.
THE ASSISTANT COMMISSIONER, BANGALORE NORTH SUB DIVISION, KANDHYA BHAVAN, K.G. ROAD, BANGALORE - 560 001.
6.
THE TAHSILDAR BANGALORE NORTH (ADDITIONAL) TALUK, YELAHANKA NEW TOWN, BANGALORE DISTRICT - 560 064. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PASSED BY THE R1 DATED 11.3.2022 PASSED IN ORDER NO.
SSLR/ TNL/ SUOMOTO/ REV-3/2021-22 ANNEXURE- E AND
ORDER DATED 27.04.2022 PASSED BY THE R5 IN LND(YNK)CR/ 09/2022, ANNEXURE- F IN SO FAR AS PETITIONER IS CONCERNED AND ETC.,
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HC-KAR NC: 2025:KHC:21079 WP No. 25080 of 2022 C/W WP No. 21908 of 2022
IN WP NO. 21908/2022 BETWEEN:
1.
SRI. K. DEVARAJU S/O. LATE K. KRISHNAPPA, AGED ABOUT 53 YEARS,
2.
SRI. K. GOVINDASWAMY S/O. LATE K. KRISHNAPPA, AGED ABOUT 50 YEARS,
3.
SRI. K. SRINIVASAMURTHY S/O. LATE K. KRISHNAPPA, AGED ABOUT 43 YEARS,
ALL ARE R/AT KUDARAGERE VILLAGE, JALA HOBLI, BANGALORE NORTH (ADDITIONAL) TALUK, BANGALORE DISTRICT - 562 114. ...PETITIONERS (BY SRI. RAVINDRA B.S, ADVOCATE) AND:
1.
THE COMMISSIONER SURVEY, SETTLEMENT AND LAND RECORDS, K.R. CIRCLE, BANGALORE - 560 001.
2.
THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, KANDHAYA BHAVAN, K.G. ROAD, BANGALORE - 560 001.
3.
TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER
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HC-KAR NC: 2025:KHC:21079 WP No. 25080 of 2022 C/W WP No. 21908 of 2022
AND EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS, BANGALORE URBAN DISTRICT, K.G. ROAD, BANGALORE - 560 009.
4.
ASSISTANT DIRECTOR OF LAND RECORDS BANGALORE NORTH (ADDITIONAL ) TALUK, YELAHANKA NEW TOWN, BANGALORE DISTRICT - 560 064.
5.
THE ASSISTANT COMMISSIONER, BANGALORE NORTH SUB DIVISION, KANDHYA BHAVAN, K.G. ROAD, BANGALORE - 560 001.
6.
THE TAHSILDAR BANGALORE NORTH (ADDITIONAL) TALUK, YELAHANKA NEW TOWN, BANGALORE DISTRICT - 560 064. ...RESPONDENTS (BY SRI. MANJUNATH K, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS PASSED BY THE R-1 11.3.2022 PASSED IN ORDER NO.SSLR/TNL/SUOMOTO/REV-3/2021-22 ANNEXURE-F AND ORDER DATED 27.4.2022 PASSED BY THE R-5 IN LND(YLK)C.R./09/2022 ANNEXURE-G INSOFAR AS PETITIONERS IS CONCERNED AND ETC.,
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HC-KAR NC: 2025:KHC:21079 WP No. 25080 of 2022 C/W WP No. 21908 of 2022
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
Heard Sri. Ravnidra B.S., learned counsel appearing for petitioners and Sri. Manjunath K., learned High Court Government Pleader appearing for respondents.
2. It is submitted by the learned counsel appearing for petitioners and learned High Court Government Pleader appearing for respondents that the impugned orders in these writ petitions dated 11.03.2022 and 27.04.2022 produced at Annexures-E and F respectively have been quashed by this Court in WP.No.9046/2022 c/w WP.No.11112/2022 disposed of on 22.01.2024.
3. In that view of the matter, recording the submissions made by the learned counsel appearing for parties, it is relevant to extract paragraph No.17 of the order dated 22.01.2024 passed by this Court in WP.No.9046/2022 c/w WP.No.11112/2022, which reads as under:
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HC-KAR NC: 2025:KHC:21079 WP No. 25080 of 2022 C/W WP No. 21908 of 2022
"17. Following the judgments of this Court and the Hon’ble Apex Court referred to above, I am of the view that respondent No.3 has committed an error in passing impugned order dated 11.03.2022, initiating suo moto proceedings against the petitioner without issuing notice to the aggrieved parties namely, petitioners herein and passed the impugned
order unilaterally, interfering with the settled revenue and survey records after lapse of decades and therefore, I am of the view that, the petitioner in W.P.No.9046/2022 has made out a case for interference and accordingly, the impugned order dated 11.03.2022 (Annexure-A) passed by respondent No.3 is liable to be quashed. Accordingly, W.P.No.9046/2022 is allowed."
4. In that view of the matter, I am of the view that the impugned orders dated 11.03.2022 passed by respondent No.1 * and the consequential orders dated 27.04.2022 passed by respondent No.5 in both the writ petitions are hereby set aside.
Accordingly, writ petitions are allowed.
Sd/- (E.S.INDIRESH) JUDGE
PHM List No.: 1 Sl No.: 67 CT: BHK * deleted vide Chambers Order dated 03.07.2025