- 1 - HC-KAR NC: 2025:KHC:52502-DB WA No. 157 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 157 OF 2025 (KLR-RR/SUR) BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, DR B R AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB DIVISION, KANDAYA BHAVAN, 2ND FLOOR, K G ROAD, BANGALORE - 560009. 3. THE TAHSILDAR BENGALURU SOUTH TALUK KANDAYA BHAVANA, GROUND FLOOR, K G ROAD, BENGALURU-560009. 4. THE DEPUTY TAHSILDAR OFFICE OF THE DEPUTY TAHSILDAR, BMTC BUILDING, NEAR KENGERI BUS TERMINAL METRO STATION, KENGERI BANGALORE-560060. Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52502-DB WA No. 157 of 2025 5. THE DEPUTY DIRECTOR OF LAND RECORDS BENGALURU DISTRICT, K R CIRCLE, BENGALURU-560001. 6. ASSISTANT DIRECTOR OF LAND RECORDS BENGALURU SOUTH TALUK, TALUK SURVEY AND LAND RECORDS OFFICE, BANGALORE SOUTH-560001. …APPELLANTS (BY SRI. K.S. HARISH, GOVERNMENT ADVOCATE) AND: 1. VENKATESH S/O LATE RAMAYYA, AGED ABOUT 47 YEARS, R/NO. 82-3, MARIYAMMA TEMPLE ROAD, BATTARAHALLI, VIRGONAGARA, BENGALURU-560 049. 2. VARALAKSHMI W/O RAMAKRISHNA, AGED ABOUT 42 YEARS, RESIDING AT NO. 10, AGRAHARA POST, BANJARU PALYA, BANGALORE-560062. 3. MUNIRATNAMMA W/O MUNISWAMY C AGED ABOUT 44 YEARS, RESIDING AT NO. 32, 5TH CROSS, NEAR RACHHEKATTE, BHATTARAHALLI, BANGALORE-560049. 4. MUNIYAPPA S/O LATE RAMAYYA, AGED ABOUT 39 YEARS, RESIDING AT NO. 23, KANAKAPURA MAIN ROAD, - 3 - HC-KAR NC: 2025:KHC:52502-DB WA No. 157 of 2025 NEAR WATER TANK, THIMMAGOWDANAPALLYA, BANGALORE-560062. …RESPONDENTS (BY SRI. NIKHIL JAIN, ADVOCATE FOR SRI. SAMMITH. S.,ADVOCATE) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL, b) SET ASIDE THE IMPUGNED ORDER DATED 25.04.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP No.12319/2024 (KLR-RR-SUR), AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the application – I.A.No.1/2025, the same is allowed. The delay of 226 days in filing the appeal is condoned. - 4 - HC-KAR NC: 2025:KHC:52502-DB WA No. 157 of 2025 2. The appellants have filed the present appeal impugning an order dated 25.04.2024 passed in W.P.No.12319/2024 (KLR- RR/SUR) [impugned order]. In terms of the said order, the writ petition was disposed of with a direction to the Assistant Director of Land Records as well as the Tahsildar to carry out phodi and durast pursuant to the application filed by respondent Nos.1 to 4 (writ petitioners). 3. The appellants state that a preliminary notification for acquiring the subject land was issued on 23.06.2025 and therefore, the phodi and durast cannot be done at this stage. 4. The learned counsel appearing for the writ petitioners submit that liberty be granted to the writ petitioners to file a fresh application, in the event the acquisition of the subject land is dropped. 5. In view of the above, the impugned order is set aside. We however clarify that in the event the acquisition is dropped, the writ petitioners would be at liberty to apply afresh. We also clarify that this order will not preclude the writ petitioners from availing their - 5 - HC-KAR NC: 2025:KHC:52502-DB WA No. 157 of 2025 remedies in respect of the notification dated 23.06.2025, albeit in accordance with law. 6. All pending applications also stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KS List No.: 1 Sl No.: 12