- 1 - NC: 2025:KHC:5023 WP No. 29623 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.29623 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SRI. G THIMMAIAH S/O SRI GURUAVAIAH AGED ABOUT 62 YEARS 2. SRI G GURUMURTHY S/O SRI GURUVAIAH AGED ABOUT 60 YEARS BOTH ARE RESIDING AT BYATARAYANADODDI VILLAGE BHUTANAHALLI, JIGINI HOBALI ANEKAL TALUK BENGALURU URBAN DIST-560 083. …PETITIONERS (BY SRI. K S NARESH SANTHOSH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE MS BUILDINGS BENGALURU 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL URBAN DISTRICT Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5023 WP No. 29623 of 2024 KANDAYA BHAVAN BENGALURU - 560 009 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION BENGALURU 560 009. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS OFFICE OF SURVEY SETTLEMENT KR CIRCLE BENGALURU 560 001. 5. THE DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF SURVEY SETTLEMENT KR CIRCLE BENGALURU 560 001. 6. THE TAHSILDAR ANEKAL TALUK BENGALURU DISTRICT. …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 RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 14.2.2024 SUBMITTED BY THE PETITIONERS A COPY OF WHICH IS PRODUCED AT ANNEXURE-F AND CONDUCT THE SINGLE PERSON PHODI IN RESPECT OF THE PETITION LAND I.E., SY. NO.64/P92 NEW SY.NO.64 MEASURING 2 ACRES 32 GUNTAS OF BHUTANAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALUR RURAL DISTRICT EXPEDITIOUSLY TO MEET THE ENDS OF JUSTICE AND ETC. - 3 - NC: 2025:KHC:5023 WP No. 29623 of 2024 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 the respondents to consider the petitioners' representation dated 14.02.2024 requesting to conduct single person phodi in respect of the petition land i.e., Sy. No.64/P92 (New Sy. No.64) measuring 2 acres 32 guntas of Bhutanahalli Village, Jigani Hobli, Anekal Taluk, Bengaluru Rural District. 2. Heard learned counsel for the petitioners and learned AGA. 3. The learned Additional Government Advocate (AGA), upon instructions, submits that respondent No.6 – the Tahsildar, intends to conduct a summary enquiry to determine two crucial aspects: first, whether the granted - 4 - NC: 2025:KHC:5023 WP No. 29623 of 2024 land in question falls within the category of Forest Land, and second, to ascertain the authenticity and validity of the grant, which dates back to the year 1960. The AGA further assures this Court that upon the completion of the said enquiry, necessary and appropriate steps will be taken in accordance with law. If the grant is found to be genuine and valid, the process of phodi will be duly carried out. 4. Recording her assurance, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent Nos.4 and 6 shall hold an enquiry in regard to genuineness of the grant. (iii) If the Grant is found to be genuine, respondent Nos.4 and 6 shall secure all relevant documents and ensure that phodi work is accomplished within a period of four weeks from - 5 - NC: 2025:KHC:5023 WP No. 29623 of 2024 the date of conclusion of enquiry in regard to genuineness of the Grant. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 20