Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35860 WP No. 26091 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 26091 OF 2025 (KLR-RES) BETWEEN:
SMT. PUTTARAJAMMA, W/O. LATE JAVAREGOWDA, AGED ABOUT 50 YEARS, RESIDING AT NO. 44, VADEYANDALLI VILLAGE, KANAKANAGARA, WARD NO. 8, TALAKADU POST, MANDYA DISTRICT, KARNATAKA - 571 122. &PETITIONER (BY SRI. SANDESH C.R, ADVOCATE FOR SRI. JAYARAJ D.S, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, DEPARTMENT OF REVENUE, M. S. BUILDING, BENGALURU - 560 001
2. THE DEPUTY COMMISSIONER MYSORE DISTRICT, GIRIBOVIYA PALYA, MYSURU DISTRICT, KARNATAKA - 570 011
3. THE ASSISTANT COMMISSIONER, T. NARASIPURA TALUK, MYSURU DISTRICT, KARNATAKA - 571 124 Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:35860 WP No. 26091 of 2025
4. THE TAHSILDAR, T. NARASIPURA TALUK, MYSURU DISTRICT, KARNATAKA - 571 124
5. THE OFFICE OF ASSISTANT DIRECTOR OF LAND RECORDS, T. NARASIPURA TALUK, MYSURU DISTRICT, KARNATAKA - 571 124
6. SRI. S. CHUNCHAIAH, S/O. LATE SIDDAIAH,
7. SRI. S. GANESH, S/O. LATE SIDDAIAH,
8. SRI. S. SHIVASHANKAR, S/O. LATE SIDDAIAH,
9. SRI. S. SUNDAR, S/O. LATE SIDDAIAH,
10. SRI. S. SHIVAMALLU, S/O. LATE NANJEGOWDA, RESPONDENTS NOS. 6 TO 10 ARE RESIDING AT VADEYANDALLI VILLAGE, TALAKADU HOBLI, T. NARASIPURA TALUK, MYSURU DISTRICT, KARNATAKA - 571 122 &RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 29.07.2025 ISSUED BY THE R5
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HC-KAR NC: 2025:KHC:35860 WP No. 26091 of 2025 BEARING NO. S B S N M P R 14/2025-26 VIDE ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondent Nos.1 to 5. Notice to respondent Nos.6 to 10 is not necessary for the following reasons. 2. The petitioner claims to be aggrieved of the impugned endorsement at Annexure-A dated 29.07.2025 issued by the Assistant Director of Land Records, T.Narasipura Taluk, T.Narasipura. 3. On a plain reading of the impugned endorsement, it is clear that respondents Nos.
6 to 10 have filed an application seeking thatkaal phodi in respect of Survey No.290/1 of Vadeyandahalli Thalakadu Hobli, T.Narasipura Taluk. The petitioner herein raised an objection that the phodi should not be conducted in view
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HC-KAR NC: 2025:KHC:35860 WP No. 26091 of 2025 of the fact that there is an interim order passed by the learned Civil Judge and JMFC, T. Narasipura, in a pending suit between the parties. However, the Assistant Director of Land Records found that no such orders are passed by the Civil Court restrained the conducting of phodi. Therefore, the interim endorsement has been issued to the petitioner stating that unless the petitioner furnishes a copy of such order passed by the Civil Court within seven days, the Assistant Director of Land Records will proceed to conduct the phodi in accordance with law. This Court does not find any infirmity in the impugned endorsement issued by the Assistant Director of Land Records,
4. The writ petition stands disposed of, reserving liberty to the petitioner to furnish a copy of an order that is passed by the learned Civil Judge and JMFC in the pending suit between the parties restraining the survey authorities from conducting the phodi as directed by the respondent No.5- Assistant Director of Land Records. On the other hand, if no such restraint order is passed by the
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HC-KAR NC: 2025:KHC:35860 WP No. 26091 of 2025 Civil Court, the Assistant Director of Land Records shall proceed to issue notice to all concerned and thereafter proceed to conduct the phodi in accordance with law. Ordered accordingly. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 10 CT: BHK