- 1 - HC-KAR NC: 2025:KHC-D:7549 WP No. 103320 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103320 OF 2025 (KLR-RES) BETWEEN: P. SHANKARAPPA S/O. P. HANAMANTAPPA, AGE: 67 YEARS, OCC: RETD. SERVICE & AGRICULTURE, R/O. # 3680/4, SHRI RAMANJANEYA NILAYA, MCC BLOCK, DAVANAGERE-577 004. …PETITIONER (BY SRI. S.S. BETURMATH, ADVOCATE) AND: 1. THE REGIONAL JOINT DIRECTOR OF LAND RECORDS, KALABURAGI REGION, O/O. DEPUTY COMMISSIONER OFFICE, FIRST FLOOR, MINI VIDHANA SOUDHA, KALABURAGI-585102. 2. THE TECHNICAL ASSISTANT, TO THE DEPUTY COMMISSIONER VIJAYANAGAR AND EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS, HOSAPETE, DIST: VIJAYANAGAR-583201. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS, KOTTUR TALUK, KOTTURU-583134, DIST: VIJAYANAGAR. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE ORDER OR DIRECTION TO THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION DATED 16/04/2025 VIDE ANNEXURE-E AND TO DIRECT THE RESPONDENT NO.3 TO MEASURE, SUB-DIVED THE PROPERTY BEARING SY.NO.1231 SITUATED AT KOTTURU VIJAYANAGAR DISTRICT AND ETC. CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7549 WP No. 103320 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel for the petitioner. Learned AGA accepts notice for respondent Nos.1 to 3. 2. It is the case of the petitioner that the petitioner and his brother P.Kotrappa are the joint owners of the property bearing Sy.No.1231A measuring 3.52 acres situated at Kottur village, Kottur taluk, Vijayanagar district. 3. The father of the petitioner had purchased the said property from its owner Kasala Puttappa on 04.05.1998 for a valuable consideration. The father of the petitioner died in the year 1993. Accordingly names of the petitioner and his brother came to be mutated as legal heirs of original owner. The petitioner and his brother then partitioned the said property and applied for 11-E sketch. On the application, the surveyor attached to the office of respondent No.3 had surveyed the land and gave vague - 3 - HC-KAR NC: 2025:KHC-D:7549 WP No. 103320 of 2025 statement stating that petitioner and his brother are in possession and enjoyment of Sy.No.1231B and their names were wrongly mentioned in Sy.No.1231A and accordingly submitted a map. It is submitted that the survey was conducted colluding with one Kasala Hanumatappa, who is the owner of Sy.No.1231B. Thereafter, the petitioner challenged the said map and the survey before the respondent No.2. The respondent No.2 after hearing the matter, allowed the appeal by order dated 28.08.2024 directing to cancel sub-division of the map i.e., Sy.No.1231 into Sy.No.1231A and 1231B and further directed respondent No.3 to hold fresh survey and submit the map. Being aggrieved by the said order, the said Kasal Hanamatappa preferred revision petition before the respondent No.1. The respondent No.1 after hearing the matter dismissed the revision petition by order dated 26.03.2025. The petitioner further submits that even after the order passed by the respondent No.1, respondent No.3 has not acted upon. Hence the petitioner has made a - 4 - HC-KAR NC: 2025:KHC-D:7549 WP No. 103320 of 2025 representation on 16.04.2024 to measure, sub-divide the property bearing Sy.No.1231 situated at Kottur village of Vijayanagar district. The same has not been considered. Hence, the petitioner is before this Court. 3. Learned AGA representing the State submits that the representation so made by the petitioner would be considered if reasonable time is granted. Under the circumstances, I pass the following: ORDER i. Petition is allowed. ii. Writ of mandamus is issued with a direction to the respondent No.3 to consider the representation of the petitioner dated 16.04.2025 and pass suitable orders in accordance with law. iii. The respondents are also directed to issue notice to other interested parties and after providing an opportunity of hearing, pass suitable orders in accordance with law. - 5 - HC-KAR NC: 2025:KHC-D:7549 WP No. 103320 of 2025 iv. The said exercise shall be completed within a period of two months from the date of receipt of copy of the order. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 1 Sl No.: 35