- 1 - HC-KAR NC: 2025:KHC:32708 WP No. 20777 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 20777 OF 2025 (KLR-RR/SUR) BETWEEN: 1. MALLIKARJUNAIAH S/O LATE NANJAPPA AGRICULTURIST AGED ABOUT 65 YEARS VIJAYANAGARA LAYOUT, BH ROAD, NEAR SBI POLICE STATION BRANCH HULIYAR HOBLI, CN HALLI TALUK TUMAKURU-572218. …PETITIONER (BY SRI. C S MADHU, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER TIPTUR SUB-DIVISION, TIPTUR-572201 2. THE TAHSILDAR, CHIKKANAYAKANAHALLI TALUK, CHIKKANAYAKANAHALLI 572214 3. THE ASSISTANT DIRECTOR OF LAND RECORDS, CN HALLI TALUK CN HALLI 572218 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32708 WP No. 20777 of 2025 4. THE CHIEF OFFICER, PATTANA PANCHAYATH HULIYAR PATTANAPANCHAYATH HULIYAR 572218 …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO - DIRECT THE R1 TO 4 TO CONDUCT SURVEY AND FIX THE BOUNDARIES OF THE LAND IN SY. NO. 6/1F HULIYAR VILLAGE, HILIYAR HOBLI CHIKKANAYAKANAHALLI TALUK OR IN ALTERNATIVE - DIRECTION MORE PARTICULARLY A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 TO 4 CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 29.03.2025 SHOWN AT ANNEXURE -F, ANNEXURE -G, ANNEXURE -H AND ANNEXURE -J RESPECTIVELY.C THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS - 3 - HC-KAR NC: 2025:KHC:32708 WP No. 20777 of 2025 ORAL ORDER Learned Additional Government Advocate takes notice for respondent Nos.1 to 3. Notice to respondent No.4 is not necessary for the following reasons : 2. The grievance of the petitioner is that despite giving representations to the Tahsildar, Assistant Commissioner and the Assistant Director of Land Records as can be seen at Annexures 'F', 'G' & 'H' seeking to conduct survey and fix the boundaries in respect of 1 acre 27 guntas of land in Sy. No.6/1F of Huliyar village, Huliyar Hobli, Chikkanayakanahalli Taluk, Tumkur district, no action has been taken by the respondents. 3. Learned counsel for the petitioner submits that the petitioner has been orally instructed that since admittedly the lands have been converted from agricultural to non-agricultural purposes, they will not be able to undertake the exercise of survey. - 4 - HC-KAR NC: 2025:KHC:32708 WP No. 20777 of 2025 4. In the considered opinion of this Court, the respondents cannot decline to conduct the survey only on the ground that the land has been converted from agricultural to non-agricultural purposes. If there is any dispute in the measurement between the neighbouring land owners, it is only the survey department which can conduct the survey and identify the boundaries according to the documents and records which are available only with the respondents. 5. In that view of the matter, the writ petition stands disposed of with a specific direction to respondents No.2 and 3 to entertain the applications filed by the petitioner, issue notice to the neighbouring land owners and thereafter proceed to conduct the survey and fix the boundaries. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. Ordered accordingly. - 5 - HC-KAR NC: 2025:KHC:32708 WP No. 20777 of 2025 6. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE YKL List No.: 1 Sl No.: 30