- 1 - HC-KAR NC: 2025:KHC:32940 WP No. 25403 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25403 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SRI. UPENDRA KUMAR H WO. LATE HONNAGANGALAH AGED ABOUT 38 YEARS R/A AVERAHALLI VILLAGE SOMPURA HOBLI, NELAMANGALA TALUK BANGALORE DISTRICT-562123. 2. SHASHIDHARA G. S/O LATE GANGANNA AGED ABOUT 42 YEARS R/A NEAR BRSCOM OFFICE ROAD BUDUGERE POST, DEVANAHALLI, BANGALORE RURAL DISTRICT BANGALORE- 562129 . …PETITIONERS (BY SRI. BABU RAO M., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BANGALORE DISTRICT, OFFICE AT BEERASANDRA VILLAGE. DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 2. THE ASSISTANT COMMISSIONER. DODDABALAPURA SUB DIVISION, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32940 WP No. 25403 of 2025 NELMANGALA TALUK, BENGALURU RURAL DISTRICT-561203. 3. THE TAHASILDAR, NELMANGALA TALUK, NELMANGALA, BANGALORE RURAL DISTRICT-562123. 4. THE ASSISTANT DIRECTOR LAND RECORDS AND SURVEY AND SETTLEMENT DODDDABALAPURA SUB-DIVISION BANGALORE RURAL-561203. 5. THE TALUK SURVEYOR, NELAMANGALA TALUK, NELAMANGALA BANGALORE RURAL DISTRICT-562123. 6. THE EXECUTIVE OFFICER, TALUK PANCHAYATH, NELAMANGALA TALUK, NELAMANGALA, BANGALORE RURAL DISTRICT-562123 …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 AND 4 TO EFFECT PHODI AFTER SURVEY OF SURVEY NO.1 OF AVERE HALLI VILLAGE, NELAMANGALA TALUK AND MAKE THE PETITIONERS TO SIT IN PHODIED SURVEY NO.1 AND CONSIDERING THE REPRESENTATION DTD. 07.07.2023 AS PER ANNX-R IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32940 WP No. 25403 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Office objections are overruled. Learned Additional Government Advocate takes notice for respondents No.1 to 5. Notice to respondent No.6 is not necessary for the following reasons: The prayer in the writ petition is to direct respondents No.3 and 4, the Tahsildar and Assistant Director of Land Records to effect phodi after survey of Sy.No.1 of Avarehalli village, Nelamangala Taluk, Bengaluru Rural District and put the petitioners in possession of their respective properties. 2. However, this Court finds that although it is true that gazette notification was issued in the year 1969 as can be seen at Annexure-A acquiring 31 Guntas of land in Sy.No.1 of the said village for formation of Bhovi Colony, nevertheless, no other document is forthcoming to show that the lands in question is formed into a layout and sites - 4 - HC-KAR NC: 2025:KHC:32940 WP No. 25403 of 2025 were allotted to any person including the petitioners. In that view of the matter, the prayer made in the writ petition cannot be granted unless the sites are allotted in favour of the petitioners. 3. Accordingly, the writ petition stands disposed of with a direction to respondent No.3-Tahsildar, Nelamangala Taluk to consider the grievances of the petitioners, find out from the records as to whether the layout has been formed and sites have been distributed in favour of the petitioners and other persons. If such an exercise has not undertaken, then the respondent- Tahsildar shall place a copy of this order before respondent No.1-Deputy Commissioner, Bengaluru Rural District, to enable the Deputy Commissioner to look into the grievances of the petitioners and issue necessary directions for formation of a layout and distribution of sites to eligible persons. 4. On the other hand, if the Tahsildar finds from the records that the layout has been formed and sites have - 5 - HC-KAR NC: 2025:KHC:32940 WP No. 25403 of 2025 been distributed to eligible persons, then the Tahsildar shall proceed to identify the sites allotted in favour of the petitioners and issue Possession Certificate to the petitioners. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of 4 months from the date of receipt of a copy of this order. 5. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT: JL