- 1 - NC: 2025:KHC:6902 WP No. 18652 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.18652 OF 2023 (KLR-RES) BETWEEN: 1. SMT.PRAMEELAMMA W/O LATE N.LAKSHMAIAH AGED ABOUT 73 YEARS R/AT NO.46/346 BUDAVARPET, KARNOOL ANDHRA PRADESH 314 120 2. SRI. N.VARAPRASAD RAO S/O LATE N LAKSHMAIAH AGED ABOUT 51 YEARS R/AT NO.46/346 BUDAVARPET, KARNOOL ANDHRA PRADESH - 314 120 3. SMT. M.SREELATHA W/O DR. M.N.RAO AGED ABOUT 48 YEARS R/AT NO.79/9A, SUNNY BROOKS OPP: WIPRO CORPORATE OFFICE SARJAPURA ROAD, BENGALURU - 560 035 …PETITIONERS (BY SRI.D.L.JAGADEESH, SENIOR ADVOCATE FOR SMT.RAKSHITHA D J, ADVOCATE) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:6902 WP No. 18652 of 2023 AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S BUILDING DR.AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE DISTRICT OFFICE COMPLEX BEERASANDRA VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562110 3. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB DIVISION DODDABALLAPURA - 561 203 BENGALURU RURAL DISTRICT 4. THE DEPUTY DIRECTOR OF LAND RECORDS CUM TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT DISTRICT OFFICE COMPLEX BEERASANDRA VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562110 5. THE JOINT DIRECTOR LAND RECORDS OFFICE OF THE DIRECTOR OF SURVEY SETTLEMENT AND LAND RECORDS K.R CIRCLE, BENGLAURU - 560 001 6. THE TAHSILDAR DEVANAHALLI TALUK - 3 - NC: 2025:KHC:6902 WP No. 18652 of 2023 DEVANAHALLI - 562 110 BENGALURU RURAL DISTRICT 7. THE REGIONAL JOINT DIRECTOR OF LAND RECORDS BENGALURU REGION K R CIRCLE BENGALURU - 560 001 8. THE ADDITIONAL DIRECTOR OF LAND RECORDS OFFICE OF THE DIRECTOR OF SURVEY SETTLEMENT AND LAND RECORDS K R CIRCLE BENGLURU 560001 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER / ORDER DATED 31.05.2022 BEARING NO.19/2022-23 PASSED BY THE R7-JOINT DIRECTOR LAND RECORD, OFFICE OF THE DIRECTOR OF SURVEY, SETTLEMENT AND LAND RECORDS, K R CIRCLE, BENGALURU-560001 VIDE ANNEXURE-N TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed assailing the impugned communication dated 31.05.2022 issued by - 4 - NC: 2025:KHC:6902 WP No. 18652 of 2023 respondent No.7 thereby declining to hold an enquiry to ascertain whether the present petition land is part and parcel of "Lake Bed". The said order is under challenge. 2. Heard learned counsel for the petitioners and learned Additional Advocate General appearing for the State. Perused the records. 3. The subject matter of the petition is an agricultural land bearing Sy. No.12 measuring 3 acres 22 guntas. The petitioners are tracing title through erstwhile owner namely Doddamuniyappa s/o Muniyappa. The petition land was granted in favour of Doddamuniyappa vide order dated 11.11.1954. The petitioners assert that pursuant to the grant, respondent No.6-Tahasildar, Devanahalli has issued Grant Certificate dated 30.07.1958 under Darkasth in favour of one Doddamuniyappa s/o Muniyappa, which is evidenced at Annexure-A. 4. After demise of the original grantee, his legal heirs inherited the property and sold the granted land to - 5 - NC: 2025:KHC:6902 WP No. 18652 of 2023 one Chinnapparaju s/o Ramaraju through a registered Sale Deed dated 17.02.1984. The said Chinnapparaju, in turn, sold the petition land in favour of Mr.Joy Samuel J.Williams and Mr.Thomas Kiran J.Williams. The petitioners further assert that these owners got the land converted and the Deputy Commissioner vide Official Memorandum dated 28.10.2004 has permitted the said owners to use it for non-agricultural purpose. The Conversion Order is placed at Annexure-C. The above said Mr.Joy Samuel J Williams and Mr.Thomas Kiran J Williams, in turn, have sold the petition land bearing Sy. No.12 measuring 3 acres 07 guntas in favour of the petitioners under registered sale deed dated 31.01.2005. 5. The petitioners having acquired title pursuant to the registered sale deed moved an application before the Authority to conduct phodi and durasti. Since there was inaction on the part of the Authority, the petitioners approached this Court by filing W.P.Nos.22482- 22484/2016. Pending consideration of the captioned writ - 6 - NC: 2025:KHC:6902 WP No. 18652 of 2023 petition, the present communication, which is now impugned, came to be passed and therefore, the Co-ordinate Bench disposed off the writ petition reserving liberty and the present petition is filed. 6. Learned Additional Advocate General referring to the Government Notification dated 31.05.2021 fairly concedes that the dispute in the present case on hand needs to be resolved by respondent No.7 - Regional Joint Director of Land Record. Therefore, in the light of the statement made by the learned Additional Advocate General, the impugned communication issued by respondent No.7 is not sustainable and the same is liable to be set-aside. 7. In terms of the Notification, which is evidenced at Annexure-P, now the power under Rule 73 of the Karnataka Land Revenue Rules, 1966 (for short 'Rules, 1966) vests with respondent No.7. Petitioners are tracing title through the registered sale deeds and conversion order, the Authorities opined that the petition land falls - 7 - NC: 2025:KHC:6902 WP No. 18652 of 2023 under catchment's area and therefore, phodi cannot be conducted. Rule 73 of the Rules, 1966, vests power with the Authorities to examine this crucial aspect. However, the Authorities, while examining the nature of land by exercising the power vested under Section 73 of the Rules, 1966 shall also adhere to the law laid down by the Hon'ble Apex Court in the case of CHHEDI LAL YADAV & OTHERS VS. HARI KISHORE YADAV (DEAD) THROUGH L.RS. AND OTHERS1. 8. The petitioners, being the third purchasers of the property in question, assert that they have legally acquired the converted land through validly executed and registered sale deeds. They emphasize that these documents hold significant evidentiary value, particularly in the context of respondent No.7's examination of the land records. However, despite the change of ownership through successive transactions, the records continue to reflect the land as a "Lake Bed." This raises crucial 1 (2018) 12 SCC 527 - 8 - NC: 2025:KHC:6902 WP No. 18652 of 2023 questions regarding the relevance and legal standing of the petitioners’ title documents and whether such entries in the records have lost their significance due to the lawful transfer of ownership. 9. It is crucial that respondent No.7 conducts a thorough review of all relevant title deeds, tracing the history of ownership and acknowledging the fact that the Deputy Commissioner, while exercising his authority under Section 95(2) of the Karnataka Land Revenue Act, has already granted permission for the land's conversion to non-agricultural use. Given these circumstances, the impugned communication must be set aside, and the matter must be remitted back to respondent No.7 for a fresh and comprehensive inquiry. The inquiry should take into account all documentary evidence, including the registered sale deeds and conversion orders, to ascertain the validity of the petitioners’ claims and determine whether the "Lake Bed" classification continues to hold any legal significance. - 9 - NC: 2025:KHC:6902 WP No. 18652 of 2023 10. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) The impugned communication dated 31.05.2022 issued by respondent No.7 - Joint Director of Land Record as per Annexure-N is hereby quashed. (iii) The matter stands remitted back to respondent No.7 to re-examine the nature of the land. While doing so, respondent No.7 shall take cognizance of the title documents as referred supra. (iv) This exercise shall be accomplished within a period of three months from the date of receipt of order copy. (v) Since the petitioners are represented by their counsel, without expecting any further notice, they shall appear before respondent No.7 on 19.03.2025. - 10 - NC: 2025:KHC:6902 WP No. 18652 of 2023 (vi) In the event, the enquiry is in favour of the petitioners, respondent No.3 shall accomplish the phodi and durasti in accordance with law. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 4