- 1 - HC-KAR NC: 2025:KHC-D:13704 WP No. 107365 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107365 OF 2025 (KLR-RR/SUR) BETWEEN: 1. MR. SHANKAR S/O NINGAPPA GANIGER AND ANR., AGE. 46 YEARS, OCC. BUSINESS AND PVT. SERVICE, R/O. FLAT NO.706, AARUSHI ARYA APARTMENT, DR. VISHNUVARDHAN ROAD, CHANNASANDRA LAYOUT, BENGALURU SOUTH, DIST. BENGALURU-560 098. 2. MRS. REKHA SAJJAN W/O SHANKAR GANIGER, AGE. 40 YEARS, OCC. HOMEMAKER, R/O. FLAT NO.706, AARUSHI ARYA APARTMENT, DR. VISHNUVARDHAN ROAD, CHANNASANDRA LAYOUT, BENGALURU SOUTH, DIST. BENGALURU-560 098. … PETITIONERS (BY SRI. SIDDHESH G. KULKARNI, ADVOCATE) AND: 1. MR. BASAYYA S/O GURUBASAYYA BELLAKKIMATH, AGE. 55 YEARS, OCC. AGRICULTURIST, R/O. NIGADI, TQ. AND DIST. DHARWAD-580 118. 2. THE ASST. DIRECTOR OF LAND RECORDS, DISTRICT COLLECTOR’S OFFICE, ULLAVI CHANNA BASAVESHWAR HILLS, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.15 10:05:32 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13704 WP No. 107365 of 2025 NEAR HINDI PRACHAR SABHA, DIST. DHARWAD-580 001. 3. MR. M.S. AMATANNAVAR, AGE ABOUT 50 YEARS, OCC. LICENSED SURVEYOR, C/O. THE ASST. DIRECTOR OF LAND RECORDS, DISTRICT COLLECTOR’S OFFICE, ULLAVI CHANNA BASAVESHWAR HILLS, NEAR HINDI PRACHAR SABHA, DIST. DHARWAD-580 001. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI, QUASHING AND SETTING ASIDE THE SURVEY CONDUCTED BY RESPONDENT NO.3 ON 19/09/2025 PURSUANT TO THE NOTICE DATED 17/09/2025 AT ANNEXURE-‘E’; ISSUE A WRIT OF MANDAMUS, OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION IN THE NATURE OF MANDAMUS, RESTRAINING RESPONDENTS FROM UNDERTAKING ANY FURTHER SURVEY OR TAKING ANY FURTHER STEPS IN PURSUANCE OF THE SURVEY CONDUCTED ON 19/09/2025 OVER THE SUIT PROPERTY AND ISSUE A WRIT OF MANDAMUS, OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING RESPONDENT NO.1, HIS AGENTS, SERVANTS, OR ANY PERSONS ACTING ON HIS BEHALF, TO REFRAIN FROM CAUSING ANY INTERFERENCE, DISTURBANCE, OR ENCROACHMENT IN THE SUIT PROPERTY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13704 WP No. 107365 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Heard learned counsel for the petitioners. Learned Government Advocate accepts notice on behalf of respondent No.2. 2. This petition is filed assailing the notice at Annexure-F issued by respondent No.2 to carry out survey in Sy.No.32 of Amblikoppa Village, taluk Dharwad. 3. Learned counsel for the petitioners would submit that this Court had issued a direction in W.P.No.101081/2025 on 14.02.2025 to the Assistant Director of Land Records to carry out the survey of Survey No.32 of Amblikoppa Village, Dharwad by issuing notice to all the stakeholders. It is his submission that notice at Annexure-F, which is impugned is not in consonance with the direction issued by this Court. 4. This Court has noticed the aforementioned notice at Annexure-F. The date of survey scheduled was 19.09.2025. - 4 - HC-KAR NC: 2025:KHC-D:13704 WP No. 107365 of 2025 5. Learned counsel for the petitioner in his fairness submits that the survey is already carried out. However submits that it is contrary to the direction issued by this Court the final report is not yet furnished. 6. If the petitioner is aggrieved by the final report pursuant to the survey vide notice at Annexure-F, the petitioners are at liberty to question the final report in the manner known to law. 7. With these observations, writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 16