- 1 - NC: 2025:KHC:7381 WP No. 34875 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 34875 OF 2024 (KLR-RES) BETWEEN: SRI BASAVARAJU AGED ABOUT 54 YEARS, S/O MALEGOWDA, R/AT WARD NO.2, HOSPITAL BLOCK, VINAYAKA BADAVANE, K R NAGAR TOWN, MYSORE DISTRICT-570008 …PETITIONER (BY SRI. B S NAGARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU-560001 2. THE DEPUTY COMMISSIONER MYSURU DISTRICT, MYSORE-570001 3. THE ASSISTANT COMMISSIONER HUNSUR SUB DIVISION, HUNSUR, MYSORE DISTRICT-571105 4. THE THASILDAR K R NAGAR TALUK, MYSORE DISTRICT-571602 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:7381 WP No. 34875 of 2024 5. THE ASSISTANT DIRECTOR OF LAND RECORDS K R NAGAR TALUK, MYSORE DISTRICT-571602 …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 THASILDAR AND R-5 A.D.L.R TO CONSIDER THE APPLICATION DTD. 10.01.2024 FOR A PHODI AND DURASTHI PERTAINING TO THE PETITIONERS LAND IN SY.NO. 118 TO AN EXTNET OF 00-05 GUNTAS, THE COPY OF THE REPRESENTATION DTD. 10.01.2024 IS SUBMITTED HEREWITH AT ANNX-A AND A1 AND FURTHER DIRECT THE R-5 A.D.L.R TO CONSIDER THE ORDER DTD. 14.12.2023, PASSED BY THE R-4 THASILDAR, WHEREIN PASSED THE ORDER TO EFFECT THE PHODI AND DURASTHI IN RESPECT OF THE LAND BEARING SY.NO. 118, MEASURING 0.05 GTS THE LAND SITUATED AT MANUGANAHALLY VILLAGE, KASABA HOBLI, K.R.NAGAR TALUK, THE TRUE COPY OF THE SAID ORDER IS SUBMITTED AT ANNX-B. 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 In this petition, the petitioner is aggrieved by the inaction of the 4th respondent – Tahsildar and the 5th respondent – Assistant Director of Land Records (ADLR). Despite the petitioner’s application dated 10.01.2024, seeking the conduct of phodi and durasthi for the land - 3 - NC: 2025:KHC:7381 WP No. 34875 of 2024 situated in Survey No. 118, measuring 5 guntas, no action has been taken. 2. The learned Additional Government Advocate, upon instructions, submits that as the grant dates back to 1974, the Assistant Commissioner is required to retrieve all relevant records and issue formal instructions to the jurisdictional Tahsildar and ADLR for further action. The Advocate further submits that the process will be initiated by the Assistant Commissioner if reasonable time is granted, after which appropriate directions will be issued to enable the 4th and 5th respondents to complete the requested phodi and durasthi. 3. Considering the assurance provided by the learned Additional Government Advocate, this Court proceeds to issue the following: ORDER i. The writ petition is allowed. - 4 - NC: 2025:KHC:7381 WP No. 34875 of 2024 ii. The Assistant Commissioner is directed to promptly issue appropriate orders and communicate necessary instructions to the 4th respondent – Tahsildar, and the 5th respondent – ADLR, enabling them to undertake the phodi and durasthi as requested in the petitioner’s application. iii. The Assistant Commissioner shall complete this process and pass relevant orders within six weeks from the date of this order. iv. Upon receiving communication from the Assistant Commissioner, the 4th and 5th respondents shall complete the phodi and durasthi in accordance with the law. They are granted a time frame of four months from the date of receiving such communication to complete the process. SD/- (SACHIN SHANKAR MAGADUM) JUDGE sks