- 1 - NC: 2025:KHC:5183 WP No. 30329 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.30329 OF 2024 (KLR-RR/SUR) BETWEEN: SRI.C NAGARAJ AGED ABOUT 50 YEARS S/O LATE CHIKKA MUNIYAPPA RESIDING AT NO.167/3 SRI.LAKSHMI VENKATESHWARA NILAYA CHANNASANDRA VILLAGE BIDARAHALLI HOBLI HOSAKOTE TALUK-560067 BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI.VIKRAM HUILGOL, ADVOCATE FOR SRI.BHADRINATH R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY REVENUE DEPARTMENT VIDHANA SOUDHA M.S.BUILDING DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001 BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT DISTRICT ADMINISTRATION BHAVAN Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5183 WP No. 30329 of 2024 BEERASANDRA, (CHAPPARAKALLU) DEVANAHALLI-562110 BENGALURU URBAN DISTRICT 3. THE TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND DEPUTY DIRECTOR OF LAND RECORDS NO.4, GROUND FLOOR DISTRICT ADMINISTRATION BHAVAN BEERASANDRA, (CHAPPARAKALLU) DEVANAHALLI-562110 BENGALURU URBAN DISTRICT 4. THE TAHSILDAR HOSAKOTE TALUK HOSAKOTE-562 114 BENGALURU RURAL DISTRICT 5. THE ASSISTANT DIRECTOR OF LAND RECORDS HOSAKOTE TALUK HOSAKOTE-562 114 BENGALURU RURAL DISTRICT …RESPONDENTS (BY SMT.B.P.RADHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AMD 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE R-4 TO CONSIDER THE TWO REPRESENTATIONS DATED 20.08.2024 AS FOUND AT ANNX-A AND B 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 - 3 - NC: 2025:KHC:5183 WP No. 30329 of 2024 ORAL ORDER This writ petition is filed seeking mandamus against respondent No.4 - Tahasildar to consider two representations both dated 20.08.2024 and under the representations, the petitioner is seeking phodi and durasti in respect of the petition lands bearing Sy. No.42/P4 (old Sy. No.42) and also Phodi Sy. No.227 and Sy. No.42/P3, old Sy. No.42, Phodi Sy. No.228, both situated at Koraluru Village, Kasaba Hobli, Hoskote Taluk, Bengaluru Rural District. 2. Heard learned Senior Counsel appearing for the petitioner and learned HCGP. 3. Learned Senior Counsel has brought to the notice of this Court that the petitioner and impleading applicants have filed independent suits. While the petitioner has filed a suit seeking relief of declaration and injunction, the impleading applicants have filed a bare suit for injunction in O.S.No.217/2024. - 4 - NC: 2025:KHC:5183 WP No. 30329 of 2024 4. It is also brought to the notice of this Court that phodi obtained by the impleading applicants is challenged by the petitioner and the same is pending before the Appellate Authority in R.P.No.92/2024-25. Both counsels fairly submit that the petitioner and impleading applicants have benefit of the interim injunction in their respective suits. The memo is filed to that effect, which is part of the record. 5. In the light of the complex issues involved relating to title and possession between the petitioner and the impleading applicants, this Court is of the view that lis needs to be resolved in the pending suits. This Court is also of the view that both the suits need to be clubbed forthwith and rival claims of the petitioner and impleading applicants has to be examined by way of full-fledged trial. 6. Therefore, without expressing any opinion on the merits of the case, this Court is of the view that this is a fit case, where the petitioner and the impleading applicants - 5 - NC: 2025:KHC:5183 WP No. 30329 of 2024 need to be relegated to work out their remedies in the pending suits. 7. Reserving liberty to both parties to move applications to seek clubbing of the suits, this Court proceeds to pass the following; ORDER (i) The writ petition is disposed off. (ii) All contentions are kept open to be asserted and adjudicated in the pending suits. (iii) The status-quo order granted by this Court shall remain in force till pending consideration of the suit. (iv) The parties are also at liberty to furnish copy of the status-quo order to the concerned Competent Authority to ensure that no further phodi and precipitative action is taken by the concerned Authorities at the instance of either of the parties. - 6 - NC: 2025:KHC:5183 WP No. 30329 of 2024 In the light of the disposal of the writ petition, the impleading application does not survive for consideration and the same is hereby rejected. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 12