- 1 - NC: 2025:KHC:5810 WP No. 31302 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 31302 OF 2024 (KLR-RR/SUR) BETWEEN: SRI. SIDDALINGAIAH, S/O LATE MEKE SIDDAPPA, AGED ABOUT 66 YEARS, RESIDING AT 3RD CROSS, BANASHANKARI, SOMESWARPURAM TUMKUR - 572 102. …PETITIONER (BY SRI. SARASWATHI M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR - 572 101. 3. THE TASHILDHAR TUMKURU TALUK TUMKUR DISTRICT - 572 101. 4. THE ADDITIONAL DIRECTOR OF LAND RECORDS, TUMKURU DISTRICT - 572 101. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5810 WP No. 31302 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DIRECTION, BY DIRECTING THE RESPONDENT NO.3 TO DEMARCATE THE PETITIONERS PROPERTY WITH RESPECT TO SY.NO.24/38 MEASURING 2-00 ACRES, SURVEY NO.24/34 MEASURING 2-00 ACRES, SY.NO.24/141 MEASURING 0-10 ACRES, SY.NO.24/42 MEASURING 0-13 ACRES, SY.NO.24/55 MEASURING 0-13 ACRES, SY.NO.24/42 MEASURING 0-14 ACRES, SY.NO.24/55 MEASURING 0-14 ACRES, SY.NO.24/149 MEASURING 0-38 GUNTAS, SY.NO.24/139 MEASURING 2-00 ACRES, SY.NO.24/139 MEASURING 2-00 ACRES, SY.NO.24/35 MEASURING 2-00 ACRES, SY.NO.24/33 MEASURING 2-00 ACRES, SY.NO.24/53 MEASURING 2-00 ACRES, SY.NO.24/49 MEASURING 2-00 ACRES, SITUATED IN A.K.KAVAL, GULUR HOBLI, TUMKURU DISTRICT AS PER THE REPRESENTATION VIDE DATED 05.09.2017 ANNEXURE-E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner alleging inaction on the part of respondents No.2 and 3 is compelled to knock the doors of the writ court. 2. The petitioner asserts to be the absolute owner of the petition lands bearing Sy.No.24/38 measuring 2 acres, Sy.No.24/34 measuring 2 acres, Sy.No.24/141 measuring 0-10 acres, Sy.No.24/42 measuring 0-13 acres, - 3 - NC: 2025:KHC:5810 WP No. 31302 of 2024 Sy.No.24/55 measuring 0-13 acres, Sy.No.24/42 measuring 0-14 acres, Sy.No.24/55 measuring 0-14 acres, Sy.No.24/49 measuring 2 acres, Sy.No.24/149 measuring 38 guntas, Sy.No.24/139 measuring 2 acres, Sy.No.24/35 measuring 2 acres, Sy.No.24/33 measuring 2 acres, Sy.No.24/53 measuring 2 acres, Sy.No.24/49 measuring 2 acres all situated at Akkathangira Katte Kavala, Gulur Hobli, Tumkur District. The petitioner is tracing title through sale deeds vide Annexures-A to A9. Though the petitioner's name is reflected in RTC, the petitioner is aggrieved by the non-consideration of the representation dated 05.09.2017. The petitioner, through the said representation, has requested the authorities to conduct phodi and durasti. 3. Learned HCGP, on instructions submits that the petitioner's request will be considered and phodi will be conducted and a sketch will be issued provided some reasonable time is granted. - 4 - NC: 2025:KHC:5810 WP No. 31302 of 2024 4. The petitioner who has acquired title based on a registered sale deeds has a legal right to seek phodi of the petition landd. Respondents No.2 and 3 are equally obligated to consider the petitioner's representation and conduct phodi and durasti and assign a new survey number by demarcating the petitioner's property. Therefore, this is a fit case where a mandamus lies. 5. For the foregoing reasons, this Court passes the following: ORDER i. The writ petition is allowed; ii. Respondents No.2 and 3 are hereby directed to accomplish phodi and durasti within a period of four months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE hdk List No.: 1 Sl No.: 0