- 1 - HC-KAR NC: 2025:KHC:35320 WP No. 27324 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. 27324 OF 2025 (KLR-RES) BETWEEN: SRI. MAHADEVU M., S/O MADAPPA, AGED ABOUT 64 YEARS, R/AT NO.428, KOORGALLI VILLAGE, BELAVADI POST, YELAWALA HOBLI, MYSORE - 570 018 SENIOR CITIZEN BENEFIT NOT CLAIMED &PETITIONER (BY SRI. SHARATH S. GOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. REP. BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, GIRIBHOVI PLAYA, SIDDARTHANAGAR, MYSORE - 570 011 3. THE ASSISTANT COMMISSIONER, MYSORE SUB-DIVISION, OFFICE OF THE ASSISTANT COMMISSIONER MYSORE - 570 005 Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35320 WP No. 27324 of 2025 4. THE TAHASILDAR, MYSORE TALUK, MINI VIDHANA SOUDHA MYSORE - 570 010 5. DEPARTMENT OF SURVEY, SETTLEMENT AND LAND RECORDS, NEAR OLD TALUK OFFICE, MYSORE - 570 010 REP BY ITS COMMISSIONER 6. DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DDLR, GIRIBHOVIYA PLAYA, MYSORE - 570 011 7. ASSISTANT DIRECTOR OF LAND RECORDS, OFFICE OF THE DDLR, GIRIBHOVIYA PLAYA, MYSORE - 570 011 &RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO A. DIRECT, DIRECTING THE RESPONDENT AUTHORITIES TO CONDUCT PHODI IN RESPECT OF 1 ACRE 20 GUNTAS OF LAND IN YELAWALA GRAMA, KALLURUNAGANAHALLI, MYSORE TALUK, (PETITION SCHEDULE PROPERTY) BY CONSIDERING THE APPLICATION MADE BY THE PETITIONER, VIDE ANNEXURE-E. B. RESTRAINING THE RESPONDENT AUTHORITIES FROM EVICTING THE PETITIONER FROM HIS OCCUPATION OVER 1 ACRE 20 GUNTAS OF LAND IN YELAWALA GRAMA, KALLURUNAGANAHALLI, MYSORE TALUK (PETITION SCHEDULE PROPERTY), UNTIL THE APPLICATION GIVEN BY THE PETITIONER IS CONSIDERED AND ETC., - 3 - HC-KAR NC: 2025:KHC:35320 WP No. 27324 of 2025 THIS WP, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned HCGP takes notice for all the respondents. 2. Learned counsel for the petitioner submits that although the application filed by the petitioner on 16.08.2025 seeking phodi, durast and survey sketch has been received by the respondents and acknowledgement is issued, as seen at Annexure-E, nevertheless no action is taken by the respondents for conducting phodi and durast. 3. Learned HCGP raises a preliminary objection that the phodi and durast cannot be sought by filing a manual application. Application has to be filed online. To this, the learned counsel for petitioner submits that the very fact that acknowledgement has been given by the respondents shows that this is a case where online application will not be accepted since the lands have been purchased by the petitioner from a grantee and a temporary number is shown in the RTC. Learned counsel would further submit that the petitioner is also - 4 - HC-KAR NC: 2025:KHC:35320 WP No. 27324 of 2025 aggrieved of the fact that 2 acres of land in the same survey number has been reserved for graveyard, however, there is a dispute regarding the boundaries. 4. The writ petition is disposed of with a direction to respondents No.4 and 7 to proceed to conduct the phodi and durast after issuing notice to the neighbouring land owners. Needless to observe that till the phodi and durast is undertaken and completed, no precipitative action shall be taken against the petitioner in respect of the land he has purchased under the registered Sale Deed dated 26.09.2006. Ordered accordingly. Sd/- (R DEVDAS) JUDGE MKM CT:VS