- 1 - NC: 2025:KHC-D:2548 WP No. 107204 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107204 OF 2023 (KLR-RR/SUR) BETWEEN: 1. SMT. KAIRUNNISSA W/O. SANAULLA, AGED ABOUT 67 YEARS, OCC: COOLIE, R/O. INDIRA NAGAR, SIRSI, DIST: UTTAR KANADA -581401 . 2. SRI. ABUJAR S/O ABDUL SUKUR HAPIJA, AGED ABOUT: 73 YEARS, OCC: COOLIE, R/O.: INDIRA NAGAR, SIRSI, DIST: UTTAR KANADA – 581401. 3. SMT. SAFIYABI W/O ABDUL TAWAB KODIAYAL, AGED ABOUT: 74 YEARS, OCC: COOLIE, R/O.: INDIRA NAGAR, SIRSI, DIST: UTTAR KANADA – 581401. 4. SRI. RUSTUMSAB S/O MUSHASAB KUMTAKAR, AGED ABOUT: 76 YEARS, OCC: HOUSEHOLD WORK, R/O.: INDIRA NAGAR, SIRSI, DIST: UTTAR KANADA – 581401. 5. SRI. PRAKASH S/O GOVIND ACHARYA, AGED ABOUT: 58 YEARS, OCC: COOLIE, R/O.: INDIRA NAGAR, SIRSI, DIST: UTTAR KANADA – 581401. 6. SMT. KARIMUNNISSA W/O ABDULHAMIR KHAN, AGED ABOUT: 77 YEARS, OCC: HOUSEHOLD WORK, R/O.: INDIRA NAGAR, SIRSI, DIST: UTTAR KANADA – 581401. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.18 11:58:30 +0530 - 2 - NC: 2025:KHC-D:2548 WP No. 107204 of 2023 7. SMT. FATIMA W/O S.H. ABDUL KHADAR HYDROS, AGED ABOUT: 53 YEARS, OCC: COOLIE, R/O.: INDIRA NAGAR, SIRSI, DIST: UTTAR KANADA – 581401. 8. SMT. SIRAJUNNISSA W/O KATHALI MAIDDIN, AGED ABOUT: 71 YEARS, OCC: COOLIE, R/O.: INDIRA NAGAR, SIRSI, DIST: UTTAR KANADA – 581401. 9. SRI. ABDUL KHADAR S/O MOHAMMAD GOUSE, AGED ABOUT: 63 YEARS, OCC: COOLIE, R/O.: INDIRA NAGAR, SIRSI, DIST: UTTAR KANADA – 581401. 10. SMT. JARINABI W/O MOHAMMAD GOUSE KAGALKAR, AGED ABOUT: 67 YEARS, OCC: COOLIE, R/O.: INDIRA NAGAR, SIRSI, DIST: UTTAR KANADA – 581401. 11. SRI. HAMJASAB S/O FAKIRSAB KAGALKAR, AGED ABOUT: 67 YEARS, OCC: COOLIE, R/O.: INDIRA NAGAR, SIRSI, DIST: UTTAR KANADA – 581401. 12. SMT. UMMESHALMA W/O AJAJ ABDUL, AGED ABOUT: 44 YEARS, OCC: COOLIE, R/O.: INDIRA NAGAR, SIRSI, DIST: UTTAR KANADA – 581401. 13. SRI. NAZEERAHMAD S/O. ABDULKHADAR ATTAR, AGED ABOUT: 61 YEARS, OCC: COOLIE, R/O.: INDIRA NAGAR, SIRSI, DIST: UTTAR KANADA – 581401. 14. SRI. ABRARAHAMAD S/O NAZEERSAB ATTAR, AGED ABOUT: 27 YEARS, OCC: PVT. WORK, R/O.: INDIRA NAGAR, SIRSI, DIST: UTTAR KANADA – 581401. - 3 - NC: 2025:KHC-D:2548 WP No. 107204 of 2023 15. SRI. TANVEERAHMAD S/O. INTIYAZ AHMAD, AGED ABOUT: 21 YEARS, OCC: STUDENT, R/O.: INDIRA NAGAR, SIRSI, DIST: UTTAR KANADA – 581401. …PETITIONERS (BY SRI. S.R. HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY IT’S SECRETARY, TO THE REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE 01. 2. THE DEPUTY COMMISSIONER KARWAR, DIST: UTTAR KANNADA -01. 3. THE ASSISTANT COMMISSIONER, SIRSI, DIST: UTTAR KANNADA –581401. 4. THE TAHASHILDAR, SIRSI, DIST: UTTARA KANNADA-581401. 5. THE MUNICIPAL COMMISSIONER, CITY MUNICIPAL COUNCIL, SIRSI, DIST: UTTAR KANNADA –581401. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R4; SRI. LINGESH KATTIMANE, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS MAY KINDLY BE ISSUED DIRECTING THE RESPONDENTS TO MEASURE THE ALLOTTED PLOTS TO THE PETITIONERS AND TO FIX THE BOUNDARIES TO THE EXTENT OF THEIR POSSESSION AND GRANT AND TO SUPPLY THE SURVEY MAP AND ALSO TO DIRECT THE RESPONDENTS TO ENTER THE NAMES OF THE PETITIONERS IN THE RECORD OF RIGHTS AS KABJEDAR OWNER IN COLUMN NO.9 OF R.T.C. AND THE RESPONDENT NO.5 HAS TO ISSUE FORM NO.3 TO THE PETITIONERS CONFIRMING THE OWNERSHIP OF THE RESPECTIVE PLOTS AS SHOWN IN SCHEDULE ‘A’ TO THE WRIT PETITION. - 4 - NC: 2025:KHC-D:2548 WP No. 107204 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 4. 2. Learned counsel Sri Lingesh V. Kattemani is directed to accept notice for respondent No.5. 3. Petitioners are before this Court seeking for the following reliefs : a) A writ of mandamus may kindly be issued directing the Respondents to measure the allotted Plots to the petitioners and to fix the boundaries to the extent of their possession and grant and to supply the survey map and also to direct the respondents to enter the names of the petitioners in the record of rights as kabjedar owner in column No.9 of R.T.C. and the Respondent No.5 has to issue Form No.3 to the petitioners confirming the ownership of the respective plots as shown in Schedule ‘A’ to the Writ Petition. b) Grant any other Writ or directions that, this Hon’ble court deems just and proper in the circumstances of the case may please be passed, in the interest of justice and equity. 2. The unauthorised possession of the ancestors of the petitioners in R.S.No.55 of Sirsi was regularised vide various ‘Hakku Patra’ issued in the year 1986. - 5 - NC: 2025:KHC-D:2548 WP No. 107204 of 2023 Petitioners having succeeded to the said properties and made representations on 26.12.2016 and 21.08.2017 at Annexures-K and K1 series for carrying out a survey of the respective plots and fix the boundaries and enter the names of the petitioners in the record of rights in Column No.9 of the RTC. The same not having been done, the petitioners are before this Court seeking for the aforesaid reliefs. 3. Learned counsel for the petitioners submits that one other person whose possession was regularised had filed Writ Petition No.114763 of 2015 (KLR, RR/SUR), which came to be disposed of vide order dated 22.03.2019 and as such, the said order would be equally applicable to the present case. A perusal of the said order and facts of the present matter indicate that the facts are more or less the same, in that view of the matter, I pass the following : - 6 - NC: 2025:KHC-D:2548 WP No. 107204 of 2023 ORDER (i) Writ petition is allowed. (ii) Writ of mandamus is issued. Respondents No.1, 2 and 3 are directed to arrange for survey of the land in question after notice to all concerned and take necessary steps for marking the boundaries and causing the entry of the names of the petitioners in Column No.9 of the relevant RTC within a period of 6 months from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK List No.: 1 Sl No.: 5