- 1 - HC-KAR NC: 2025:KHC-D:13854 WP No. 106398 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106398 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SMT. VIDYA METAGUDDA W/O LAXMAN METAGUDDA, AGED ABOUT 52 YEARS, OCC. HOUSE WIFE, R/O. JAYANAGAR, MUDHOL-587 313, TQ. MUDHOL, DIST. BAGALKOT. 2. SRI. KESHAV JEER S/O HANUMAPPA JEER, AGED ABOUT 79 YEARS, OCC. COOLIE, R/O. JAYANAGAR, MUDHOL-587 313, TQ. MUDHOL, DIST. BAGALKOT. … PETITIONERS (BY SRI. SHARANABASAVARAJ C.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, BAGALKOT, DIST. BAGALKOT-587 101. 3. THE TAHASILDAR, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587 313. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:14 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13854 WP No. 106398 of 2024 4. THE DEPUTY DIRECTOR OF LAND RECORDS AND SURVEY SETTLEMENT, BAGALKOT, DIST. BAGALKOT-587 101. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS AND SURVEY SETTLEMENT, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587 313. 6. SRI. SAYEDSAB FAKKIRSAB INDIGANAL, AGED ABOUT 50 YEARS, OCC. AGRICULTURIST, R/O. MUTTON MARKET, MUDHOL-587 313, TQ. MUDHOL, DIST. BAGALKOT. 7. SRI. GAIBUSAB HAJISAB WALIKAR, AGED ABOUT 45 YEARS, OCC. AGRICULTURIST, R/O. MUTTON MARKET, MUDHOL-587 313, TQ. MUDHOL, DIST. BAGALKOT. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R5; SRI. GIRISH A. YADWAD, ADVOCATE FOR R6 AND R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE, A WRIT, ORDER OR DIRECTIONS IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED NOTICES, DATED 16.10.2024 ISSUED BY THE RESPONDENT NO.5 IN SO FOR HEREIN CONCERNED PETITIONERS, VIDE ANNEXURE-A AND B RESPECTIVELY AND ISSUE, A WRIT, ORDER OR DIRECTIONS IN THE NATURE OF MANDAMUS DIRECTING THE 5TH RESPONDENT NOT TO CONDUCT THE SURVEY AND TO DRAW THE SKETCH AND PT SHEET TILL THE DISPOSAL OF THE SUIT IN PRL. CIVIL JUDGE AND JMFC MUDHOL, O.S. NO.337/2017 VIDE ANNEXURE- K. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13854 WP No. 106398 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioners assailing the show- cause notice dated 16.10.2024 marked at Annexures-A and B. Writ of mandamus is also sought against respondent No.5 not to conduct the survey, and to draw the sketch, and PT Sheet till the disposal of the suit in O.S.No.337/2017 on the file of Principal Civil Judge, Mudhol. 2. Annexures-A and B are the notices issued by the Taluka Surveyor. In terms of the notice dated 16.10.2024, a survey of the land bearing Survey No.552/5 is proposed to be conducted on 22.10.2024. It is noticed that both Annexures-A and B are one and the same. 3. Learned counsel for the petitioners submits that the petitioner has questioned earlier survey map said to have been prepared by the Revenue Officials, on the premise that, petitioners signatures were forged, no survey was conducted, and that all proceedings were carried out behind their back. - 4 - HC-KAR NC: 2025:KHC-D:13854 WP No. 106398 of 2024 4. It is stated that an appeal was pending before the Joint Director of Land Records, Belagavi. 5. The impugned notices are issued pursuant to the application filed by the subsequent purchaser. The Surveyor has issued notice to the adjoining holders and the applicant to measure the property. However, the measurement has not yet taken place, which was scheduled on 24.10.2024. The date has expired without conducting survey. 6. Under these circumstances, the petition in a way has become infructuous. However, it is required to be noticed that the survey has to be conducted by issuing notice to all the adjoining holders and stakeholders. 7. The Surveyor shall take fresh steps to conduct the survey. After completion of survey, if the petitioners are aggrieved by the said survey, may question the said survey in the manner known to law. 8. It is made clear that this Court has not expressed any opinion on the claim of either on the parties. - 5 - HC-KAR NC: 2025:KHC-D:13854 WP No. 106398 of 2024 9. With these observations, the writ petition is disposed of. 10. The Jurisdictional Surveyor shall carry out the survey work within two months from the date of receipt of copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 10