- 1 - NC: 2025:KHC:751 WP No. 33353 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 33353 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SRI. NEELAIAH, SON OF THIMMAIAH, AGED ABOUT 56 YEARS, 2. SMT. PUTTAMMA, W/O LATE NANJAIAH, AGED ABOUT 63 YEARS, 3. SRI. NANJAIAH, SON OF THIMMEGOWDA @ THIMMAIAH, AGED ABOUT 55 YEARS, ALL ARE RESIDING AT KENKERE VILLAGE, HULIYURDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 123. …PETITIONERS (BY SRI. SOMASHEKARA K.M, ADVOCATE) AND: 1. THE TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS (DDLR), TUMAKURU DISTRICT, TUMAKURU - 572 101. 2. THE ASSISTANT COMMISSIONER, TUMAKURU SUB DIVISION, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:751 WP No. 33353 of 2024 TUMAKURU - 572 101. 3. THE TAHSILDAR, KUNIGAL TALUK, KUNIGAL - 572 130. 4. ASSISTANT DIRECTOR OF LAND RECORDS (ADLR) KUNIGAL TALUK, KUNIGAL - 572 130. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS FOR COMPLETING PHODI AND DURASTH BY FIXING THE BOUNDARIES IN RESPECT OF LANDS GRANTED IN FAVOUR OF THE PETITIONERS VIDE SY NO. 13 OF KENKERE VILLAGE, HULIYUDURGA HOBLI, KUNIGAL TALUK AS PER REPRESENTATIONS ALL DATED 03.02.2024 (ANNEXURES-D, D1 AND D2) AND ALSO IN TERMS OF FORM 1 TO 5 PREPARED BY THE RESPONDENTS DATED: NIL VIDE ANNEXURE-F. 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:751 WP No. 33353 of 2024 ORAL ORDER The captioned petition is filed feeling aggrieved by the inaction on the part of respondent authorities in not completing phodi and durasti in Sy.No.13 of Kenkere village by considering the petitioner's representation dated 03.02.2024 in terms of Form No.1 to 5 prepared by the respondents vide Annexure-F. 2. Heard learned counsel for the petitioner and learned AGA for the respondents. Perused the records. 3. Upon careful consideration, this Court finds merit in the submissions advanced by the learned counsel for the petitioner. It is noteworthy that a similarly situated grantee, holding land in the same survey number, had previously approached this Court seeking directions of a similar nature. In that instance, the Court issued a mandamus directing the respondent authorities to conduct the necessary phodi work and to take appropriate actions in accordance with law. The petitioner highlights this - 4 - NC: 2025:KHC:751 WP No. 33353 of 2024 precedent and asserts that pursuant to the Court's earlier directions, the respondents have indeed carried out the required phodi work in favor of that similarly placed grantee. Therefore, the petitioner argues for similar treatment on grounds of parity and fairness, considering that their situation is substantially identical. 4. Having duly noted the directive issued by a co- ordinate Bench in respect of a similarly placed grantee pertaining to the very same survey number, this Court is of the view that the petitioner is entitled to seek a similar remedy. The principle of parity demands that individuals in comparable circumstances be treated alike. Hence, in alignment with the earlier judgment rendered by this Court, it is only just and proper that the petitioner's request for phodi work be accorded similar consideration by the respondent authorities. 5. The learned Additional Government Advocate (AGA) appearing on behalf of the respondents has assured this Court that the petitioner's representation will be - 5 - NC: 2025:KHC:751 WP No. 33353 of 2024 examined diligently and addressed in accordance with the prevailing legal framework. The necessary phodi work will be undertaken and completed as warranted by the circumstances. In light of this assurance, the Court expects prompt and appropriate action to be taken to resolve the petitioner's grievance in line with the legal rights and entitlements established in the earlier proceedings. 6. Recording the submission of the learned AGA, this Court passes the following: ORDER i. The writ petition is allowed; ii. Respondents No.3 and 4 are hereby directed to forthwith conduct necessary phodi work and take appropriate decisions in accordance with law by taking cognizance of Form No.1 to 5 prepared by the respondents vide Annexure-F; - 6 - NC: 2025:KHC:751 WP No. 33353 of 2024 iii. This exercise shall be completed 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.: 27 CT: BHK