- 1 - HC-KAR NC: 2025:KHC:33195 WP No. 24197 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.24197 OF 2025 (KLR-RES) BETWEEN: SMT. POORNIMA R ULLAL, AGED ABOUT 68 YEARS, W/O RAVINDRANATHA ULLAL, R/AT PURABDA KUTEER, MAROLIPADE, KANKANADY POST, MAROLI VILLAGE, MANGALORE TALUK-575005 …PETITIONER (BY SRI. MOHANA CHANDRA P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY ITS SECRETARY, M.S. BUILDING, BANGALORE -1. 2. THE TASHILDAR, TALUK OFFICE, MANGALORE-575001. 3. THE LAND SURVEYOR, URBAN SURVEY OFFICE, MANGALORE-575001. 4. THE ENQUIRY OFFICER, URBAN PROPERTY OWNERSHIP RECORDS, OFFICE, MANGALORE-575001. 5. MR. N. SUBBANA SHIVARA RAO AGED ABOUT 75 YEARS, S/O LATE N SHIVA RAO Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33195 WP No. 24197 of 2025 R/A NO.17, MILTON STREET BANGALORE -560005. …RESPONDENTS (BY SRI.MOHAMMAD JAFFAR SHAH., AGA FOR R1 TO R4 SRI K.ANANDARAMA, ADV. FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO - QUASH THE INITIATION OF PROCEEDINGS NO. NAMA/VICHARANE/02/2025-26 DATED 21.06.2025 BY R4 VIDE ANENXURE-P. GRANT AN INTERIM ORDER TO STAY THE FURTHER PROCEEDINGS IN PROCEEDINGS NO. NAMA/VICHARANE/02/2025-26 DATED 21.06.2025 BY R4 VIDE ANENXURE-P. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for the respondents No.1 to 4. Learned counsel Sri. K.Anandarama, who is present before the Court submits that he has filed vakalath on behalf of respondent No.5. 2. The petitioner is aggrieved of the impugned notice at Annexure-P dated 21.06.2025 issued the 4th respondent – Enquiry Officer of the Urban Property Ownership Records Office, Mangalore. Notice is issued to - 3 - HC-KAR NC: 2025:KHC:33195 WP No. 24197 of 2025 the petitioner at the instance of the 5th respondent, who has sought for survey and issuance of property card. 3. Learned counsel submits that the petitioner is in long and continuous possession of the property in question and she has filed a suit in O.S.No.143/2014 seeking declaration that the plaintiff has perfected title by way of adverse possession against respondent No.5 and others and same is pending consideration. Learned counsel submits that when that is the position, the 5th respondent should not be permitted to seek survey and issuance of property card. 4. Per contra, learned counsel for the respondent No.5 submits that the 5th respondent is the legitimate owner of the property in question and the katha stands in the name of the respondent No.5 in the revenue records. That being the position, it is submitted that the competent authority who has a right to conduct the survey at the instance of the 5th respondent cannot be prevented from conducting the survey. - 4 - HC-KAR NC: 2025:KHC:33195 WP No. 24197 of 2025 5. There is substance in the submissions made by the learned counsel for the respondent No.5. Merely because a suit is filed by the petitioner seeking declaration of adverse possession in respect of the property in question, it does not mean that the competent authority is prevented from conducting the survey. However, regarding the issuance of the property card, it is open for the petitioner to file necessary interlocutory application before the competent court in which the suit is pending consideration and get appropriate orders for non issuance of the property card. With these observations, writ petition stands disposed of. 6. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KLY CT: JL