- 1 - NC: 2025:KHC:14912 WP No. 34395 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34395 OF 2024 (KLR-RR/SUR) BETWEEN: 1. MADHUMATHI SHANTHARAJ WIFE OF LATE SHANTHARAJ, AGED ABOUT 60 YEARS, RESIDING AT NO. 1054, HIGH POINT-1, 45, PALACE ROAD, BEHIND CHALUKYA HOTEL, HIGH GROUNDS, BANGALORE-560 001, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, SRI. SOMASHEKAR REDDY, SON OF LATE MUNISHAMI REDDY. …PETITIONER (BY SRI. PRADEEP C YADAV., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BANGALORE-560 009. 2. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISION, KANDAYA BHAVAN, BANGALORE-560 009. 3. THE TAHSILDAR YELAHANKA TALUK, YELAHANKA, BANGALORE-560 064. 4. SURVEY TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER, BANGALORE DISTRICT AND EX-OFFICIO, DEPUTY DIRECTOR OF LAND RECORDS AND SURVEY SETTLEMENT, K.R. CIRCLE, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14912 WP No. 34395 of 2024 NRUPATHUNGA ROAD, BANGALORE-560 009. …RESPONDENTS (BY SRI. V.SHIVA REDDY, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT TO CONDUCT SURVEY AND PHODI OF THE LAND IN SURVEY NO. 79 NEW SURVEY NO. 111 MEASURING AN EXTENT OF 6 ACRES 12 GUNTAS ACRES(INCLUDING 1 ACRE 13 GUNTAS OF KHARAB) SITUATED AT SHETTIGERE VILLAGE, JALA HOBLI BANGALORE NORTH (ADDL ) TALUK. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is before this Court seeking for a direction to the Tahsildar to conduct a survey and podi of the land bearing Sy.No.79 (New Sy.No.111) measuring an extent of 6 acres 12 guntas situated at Shettigere Village, Jala Hobli, Bengaluru North (Additiional) Taluk. 2. It is seen from the records that the petitioner had earlier filed W.P.No.42806/2013 seeking for a similar direction to the Tahsildar and the Survey Technical Assistant to conduct a survey/initiate podi - 3 - NC: 2025:KHC:14912 WP No. 34395 of 2024 proceedings in respect of the aforesaid property and this Court by an order dated 23.09.2013 had directed the Tahsildar and the Survey Technical Assistant to consider the representations in accordance in law within a period of two months. 3. Since the said order was not complied with, the petitioner had initiated C.C.C.No.1264/2014 against the aforementioned respondents and in this Contempt Petition, an affidavit was filed stating that the podi could not be done without the original grant records and an endorsement had been issued. As a consequence of which, the contempt was dropped. 4. The petitioner thereafter challenged the said endorsement by filing W.P.No.57878/2014 and this Court by an order dated 10.04.2015 quashed the endorsement and directed the Tahsildar and the Survey Technical Assistant to hold the podi operations in accordance with law after putting the petitioner and the owners of the adjoining lands on - 4 - NC: 2025:KHC:14912 WP No. 34395 of 2024 notice and conclude the said exercise with an outer limit of six months. However, even this order was not complied with and, as a consequence, another Contempt Petition was initiated in C.C.C.No.1368/2018. In this Contempt Proceedings, an affidavit was filed by the Deputy Commissioner stating that he had initiated proceedings under Section 136(3) of the Karnataka Land Revenue Act and, therefore, the Contempt Proceedings were dropped. 5. It is stated that the proceedings initiated by the Deputy Commissioner under Section 136(3) of the Act were in fact dropped by an order dated 17.12.2021, in which it was held that the land bearing Sy.No.79 (New Sy.No.111) measuring 4 acres in 39 guntas was in fact the subject matter of a grant and, therefore, the Deputy Commissioner directed the Tahsildar to continue the name of the petitioner herein to the aforesaid extent. It is - 5 - NC: 2025:KHC:14912 WP No. 34395 of 2024 submitted that despite this order, the survey and podi work is not being conducted. 6. It is obvious from the above narration of facts that right from the year 2013 i.e., for the past 12 years the Authorities for one reason or the other denied the conducting of a podi and a survey in respect of the petitioner's land. There is absolutely no justification for this procrastination despite the order of the Deputy Commissioner. 7. I therefore direct the Tahsildar and the Survey Technical Assistant before the Deputy Commissioner to conduct a podi and durasthi immediately. Respondent Nos.3 and 4 shall file a report of compliance before this Court on or before 03.06.2025. 8. This petition is accordingly disposed of. - 6 - NC: 2025:KHC:14912 WP No. 34395 of 2024 9. Though this matter is disposed of, it should be posted on 03.06.2025 to report compliance. 10. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 7