- 1 - NC: 2025:KHC:2604 WP No. 31686 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 31686 OF 2024 (KLR-RR/SUR) BETWEEN: SRI P Y MALLESH, S/O YARRAPPA, AGED ABOUT 72 YEARS, R/A CONVENT ROAD, PIRIYAPATNA TOWN, PIRIYAPATNA, MYSORE DISTRICT-571 107. …PETITIONER (BY SRI K N NITISH, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001. 2. STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BANGALORE-560 001. 3. STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M.S BUILDING, BANGALORE-560 001. 4. THE DEPUTY COMMISSIONER, MYSORE DISTRICT, MYSORE-570 001. 5. THE ASSISTANT COMMISSIONER, HUNSUR SUB-DIVISION, Digitally signed by NANDINI R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2604 WP No. 31686 of 2024 HUNSUR, MYSORE DISTRICT-571 105. 6. THE TAHSILDAR, PIRIYAPATNA TALUK, PERIYAPATNA, MYSORE DISTRICT-571 107. 7. THE COMMISSIONER, SURVEY SETTLEMENT AND LAND RECORDS, K.R. CIRCLE, BANGALORE-560 001. 8. THE DEPUTY DIRECTOR OF LAND RECORDS, MYSORE DISTRICT, MYSORE-570 001. 9. THE ASSISTANT DIRECTOR OF LAND RECORDS, PIRIYAPTNA TALUK, PIRIYAPATNA, MYSORE DISTRICT-571 107. 10. THE CHIEF CONSERVATOR OF FOREST, MYSURU CIRCLE, ARANYA BHAVAN, ASHOKAPURAM, 6TH CROSS, MYSURU-571 008. 11. THE DEPUTY CONSERVATOR OF FOREST, MYSURU DIVISION, MYSURU, ARANYA BHAVANA, ASHOKAPURAM, 6TH CROSS, MYSURU-570 008. 12. THE RANGE FOREST OFFICER, PIRIYAPATNA FOREST RANGE, PIRIYAPATNA-571 107. …RESPONDENTS (BY SRI MANJUNATH K, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION ON INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER AT ANNEXURE-H AND H1 BOTH DATED 22.07.2016 AND THE REPRESENTATIONS AT ANNEXURE-K AND K1 DATED 23.11.2018 AND 12.12.2018, HAVING REGARD TO THE COMMUNICATION MADE TO R-4 DEPUTY COMMISSIONER AS PER ANNEXURE-Q DATED 01.01.2024 BEARING NO. SSLR- - 3 - NC: 2025:KHC:2604 WP No. 31686 of 2024 11025/1107/2023 AND ANNEXURE-R DATED 26.02.2024 BEARING NO. SSLR-11025/1107/2023 AND THE COMMUNICATION OF THE R-4 DEPUTY COMMISSIONER MADE TO THE R-2 AS PER ANNEXURE-M DATED 23.07.2019 BEARING NO. SUM.THAM(3) P.R.NO.80/2019-20, AND DIRECT THE SURVEY AUTHORITIES TO CONDUCT THE PHODI AND DURASTH WORK, WITHIN A TIME FRAME. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned petition, the petitioner is aggrieved by the inaction on the part of the respondents to consider petitioner's representations dated 22.07.2016 evidenced at Annexure-H and H1 and representations dated 23.11.2018 and 12.12.2018 evidenced at Annexure-K and K1. 2. Heard learned counsel for the petitioner and learned HCGP for the respondents-State. 3. Petitioner is the absolute owner of land in Sy.No.1/39, 1/37, 1/38, 1/34, 1/33, 1/35, 1/42, 1/60, 1/59 and 1/129 of Mummadikaval Village, Kasaba Hobli, - 4 - NC: 2025:KHC:2604 WP No. 31686 of 2024 Periyapatna Taluk, Mysore District evidenced at Annexure-A to A8. 4. The petitioner contends that the lands in question are part of a larger extent of 550 acres of land located in Sy.No.1 of Mummadikaval Village. This entire extent of land was originally under the jurisdiction of the Forest Department but was subsequently released to the Revenue Department. The petitioner asserts that communication was made to the fourth respondent, requesting necessary action concerning the disposal of lands within Sy.No.1 and for the issuance of a saguvali chit (grant certificate). The petitioner emphasizes that this communication initiated a series of procedural steps by the authorities, aimed at recognizing and granting the lands to eligible individuals. This is evidenced by the documentation produced and annexed as Annexure-E to this petition. 5. It is further asserted by the petitioner that, pursuant to these steps, notices were issued to various - 5 - NC: 2025:KHC:2604 WP No. 31686 of 2024 individuals, including the petitioner herein. Upon receipt of such notices and after depositing an amount equivalent to 100 times the land value, grant certificates were issued to the petitioner and other eligible persons. The petitioner has placed reliance on documentary evidence, including the grant certificates, which are produced before this Hon’ble Court as Annexure-G series. These documents serve to establish the completion of the initial stages of land grant in favor of the petitioner and others. 6. The petitioner expresses grievance over the incomplete execution of podi and durasti proceedings in respect of the granted lands. It is submitted that although blocks were assigned for the entire extent of 550 acres as per the survey sketch at Annexure-E, the concerned authorities have failed to complete the podi and durasti proceedings in a comprehensive manner. The petitioner, being a beneficiary of the grant and having duly complied with all requirements for the purchase of the land, contends that the corresponding - 6 - NC: 2025:KHC:2604 WP No. 31686 of 2024 revenue records, including the RTCs, must reflect the proper subdivision and ownership details. The records produced indicate that podi and durasti proceedings have been conducted for certain grantees, and new RTCs have been issued to those individuals. However, the petitioner’s request for similar proceedings has not been addressed in full, leading to the present dispute. 7. During the course of the proceedings, the learned High Court Government Pleader sought additional time to verify whether podi and durasti proceedings were partially conducted in respect of Sy.No.1. However, the additional documents submitted by the petitioner before this Hon’ble Court clearly establish that the Tahsildar, in coordination with the Land Records officers, has partially accomplished podi and durasti proceedings for an extent of approximately 90 acres out of the total 550 acres. This is evidenced by the records produced, which confirm the partial implementation of these proceedings. - 7 - NC: 2025:KHC:2604 WP No. 31686 of 2024 8. Upon a thorough examination of the factual matrix, this Hon’ble Court is of the opinion that the petitioner, who seeks title over the petition lands, has demonstrated a valid and legal entitlement to the completion of podi and durasti proceedings. The inaction on the part of the respondent authorities, despite repeated representations by the petitioner, necessitates the issuance of a writ of mandamus. The court finds that the procedural steps initiated by the authorities have not been concluded for the entirety of the granted lands, leaving the petitioner’s rightful claims unresolved. In view of this, the petitioner is entitled to seek appropriate relief to ensure that podi and durasti are conducted in respect of the remaining lands, and the relevant revenue records, including the RTCs, are updated accordingly. 9. For the foregoing reasons, this Court passes the following: ORDER i. The writ petition is allowed; - 8 - NC: 2025:KHC:2604 WP No. 31686 of 2024 ii. Respondent No.6-Tahsildar and respondent no.9 - Assistant Director of Land Records, are hereby directed to consider petitioner's representations dated 22.07.2016 evidenced at Annexure-H and H1 and representations dated 23.11.2018 and 12.12.2018 evidenced at Annexure-K and K1 and accomplish podi and durasti in accordance with law. iii. While conducting podi in the remaining extent, the authorities shall also take cognizance of partial podi and durasti conducted to ensure that survey numbers are assigned in sequence and not arbitrarily. iv. This exercise shall be accomplished within a period of six months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NP List No.: 1 Sl No.: 11