- 1 - NC: 2025:KHC:539 WP No. 32536 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 32536 OF 2024 (KLR-RES) BETWEEN: 1. SRI. K.T. NARAYANASWAMY S/O. THIRUMALAGIRI GOWDA @ THAMMANNA AGED ABOUT 51 YEARS R/O. KESTHURU VILLAGE AND POST AATHAGURU HOBLI, MADDURU TALUK MANDYA-571 476. …PETITIONER (BY SRI. SUBRAMANYA .P.D, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING, BENGALURU-560 001. REPRESENTED BY THE PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA-571 401. 3. THE ASSISTANT COMMISSIONER MANDYA SUB-DIVISION MANDYA DISTRICT-571 401. 4. THE TAHSILDAR MADDURU TALUK, MANDYA-571 401. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:539 WP No. 32536 of 2024 MADDURU TALUK MANDYA-571 401. …RESPONDENTS (BY SRI. MANJUNATHA .K, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS HEREIN TO CARRY OUT SURVEY AND PREPARE BOUNDARY SKETCH IN RESPECT OF SCHEDULE PROPERTY CONSIDERING THE APPLICATION MADE IN NO.22060423681506 DATED 25.04.2023 (ANNEXURE-J) SUBMITTED BY THE PETITIONER IN ACCORDANCE WITH LAW. 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 Learned HCGP is directed to accept notice for the respondents. 2. In the captioned petition, petitioner is seeking a mandamus against the respondents to carry out survey and prepare hadbasth in respect of petition property by considering the application made in No.22060423681506 dated 25.04.2023 submitted as per Annexure-J. - 3 - NC: 2025:KHC:539 WP No. 32536 of 2024 3. Heard learned counsel for the petitioner and learned HCGP for the respondents. 4. Petitioner claims to be the owner of agricultural land bearing Sy.No.235/A (New Sy.No.360) measuring 2 acres situated at Dundanahalli Village. Petitioner contends that Sy.No.235 is a larger extent and the vendor of the petitioner was granted 2 acres who in-turn sold it to the petitioner under registered sale deed dated 14.05.2007. Since there are other grantees, petitioner has moved an application to demarcate and carve out petitioner's 2 acres of land. The petitioner is also placing reliance on the Circular issued by the State Government evidenced at Annexure-K, wherein necessary directions are issued to the concerned authorities to effect phodi of survey Sy.No.360. This circular is issued in the background of the fact that Sy.No.360 measures more than 18 acres. 5. Be that as it may. Learned HCGP, on instructions, submits that the survey records pertaining to this survey number are now sent to Principal District and - 4 - NC: 2025:KHC:539 WP No. 32536 of 2024 Sessions Judge pertaining to one civil suit. Learned HCGP assures this Court that the records will be secured from the Court and necessary action will be contemplated and the petitioner's application seeking survey and hadbasth will be considered in accordance with law provided some reasonable time is granted. 6. Recording his assurance, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed; (ii) The respondents are hereby directed to secure records pertaining to Sy.No.360 and thereafter proceed to consider the petitioner's application made in No.22060423681506 dated 25.04.2023 as per Annexure-J and carry out necessary survey and hadbasth in accordance with law; (iii) This exercise shall be accomplished within a period of six months from the date of receipt of records from the Principal District and Sessions Judge; - 5 - NC: 2025:KHC:539 WP No. 32536 of 2024 (iv) It is made clear that concerned authority shall forthwith take all necessary steps to secure the records from the Court. It is needless to mention that such an action shall be accomplished within a period of six weeks. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 28