- 1 - HC-KAR NC: 2025:KHC-D:10388 WP No. 102923 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102923 OF 2025 (KLR-RES) BETWEEN: SHRI SADASHIV SON OF LAKKAPPA BYAGI, AGED ABOUT 39 YEARS, RESIDING AT G-009, GOPALAN GARDENIA VEERASANDRA MAIN ROAD, ELECTRONIC CITY, NEAR D MART, BENGALURU – 560 100. …PETITIONER (BY SRI. AMRUTH V. JOIS,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, 3RD GATE, 5TH FLOOR, M S BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE 560 001. 2. THE ASSISTANT DIRECTOR OF LAND RECORDS, MINI VIDHANA SOUDHA, HUBBALLI – 580 020. …RESPONDENTS (BY SRI. T. HANUMAREDDY., AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE OF A WRIT OF MANDAMUS OR OTHER APPROPRIATE WRIT OR ORDER, DIRECTING THE 2ND RESPONDENT TO CONDUCT THE SURVEY AND TO FIX THE BOUNDARIES OF THE SCHEDULE PROPERTY IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10388 WP No. 102923 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of Mandamus or other appropriate writ or order, directing the 2nd Respondent to conduct the Survey and to fix the boundaries of the Schedule Property in the interest of justice and equity. b. Grant such other or further reliefs this Hon’ble Court may deem fit in the circumstances of the case. 2. The father of the petitioner had purchased plot No.2 in survey No. 576B/577A admeasuring 1 Gunta 9.5 Annas, situated at Unkal village of Hubbali taluk. The said father executed registered gift deed in favour of the petitioner on 5.07.2023, based on which the petitioner had sought for entry of his name in the municipal records. There being a requirement to demarcate the boundaries of the property, the petitioner had approached respondent No.2 for conducting a survey of schedule property and fix the boundaries, Respondent No.2 declined to do so on - 3 - HC-KAR NC: 2025:KHC-D:10388 WP No. 102923 of 2025 the ground that the E-swathu, which had been issued for the petitioner for the plot differs from the record of rights issued in respect of the survey number, inasmuch as the name of the owner in both the documents are different. In that background the petitioner is before this court seeking for the aforesaid reliefs. 3. The counsel for the petitioner submits that the land in survey No.576B/577A having been converted and plots having been formed, the father of the petitioner had purchased a plot which has now been gifted in favour of the petitioner and as such, reference could not be made to record of rights which relates to agricultural property, whereas the property of the petitioner is a converted property as regard which E- swathu has been issued. 4. Learned AGA would seek to support the endorsement of respondent No.2, by contending that a survey could not be carried out on account of their being a - 4 - HC-KAR NC: 2025:KHC-D:10388 WP No. 102923 of 2025 mismatch in the name of the owners and the application of the petitioner cannot be considered. 5. Heard Sri.Amruth V. Jois, learned counsel for the petitioner and Sri.T.Hanumareddy, learned Govt. Advocate for respondents. Perused papers. 6. The short question that would arise for consideration in the present matter is, whether the respondent- Municipal authorities and or the ADLR could refuse to carry out a survey of the property on the ground that there is a mismatch in the ROR [record of rights] and the E-swathu being a municipal document? 7. The above situation has arisen on account of there being a mismatch in the documents maintained by the Revenue department in terms of the record of rights and the documents maintained by the Municipal authorities in terms of the E-swathu. Once a property is converted from agriculture to non- agriculture purposes, any transaction in respect of a non-agricultural land will not be found mentioned in - 5 - HC-KAR NC: 2025:KHC-D:10388 WP No. 102923 of 2025 the record of rights since all such transactions would be recorded in the documents maintained by the Urban authorities. Thus, once a property has been converted into a plot formed and assessed to municipal tax, the question of referring to a record of rights would not arise. The ADLR, in my considered opinion, has not taken this fact into consideration resulting in the impugned endorsement being issued. 8. In that view of the matter, I pass the following: ORDER i. The petition is allowed. ii. A mandamus is issued directing respondent No.2 to conduct a survey and fix the boundaries of the property of the petitioner within a period of six weeks from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 73