- 1 - HC-KAR NC: 2025:KHC:31876 WP No. 27789 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.27789 OF 2024 (KLR-RES) BETWEEN: SRI. P. MARIYAPPA, SINCE DEAD BY HIS LRS SRI. K.M. SRINIVAS AGED ABOUT 44 YEARS S/O. LATE MARIYAPPA R/AT KAREEBEERANA HOSANALLI VILLAGE JADIGENAHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT PIN-562114. …PETITIONER (BY SRI. D. GANGADHARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPTD. BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDNA BENGALURU-560001. 2. THE DEPUTY COMMISSIONER GOVERNMENT OF KARNATAKA ADMINISTRATIVE OFFICE 1st FLOOR, BEERASANDRA VILLAGE KUNDANA HOBLI, DEVANAHALLI TALUK BENGALURU RURURAL PIN-561203. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31876 WP No. 27789 of 2024 3. THE ASSISTANT COMMISSIONER GOVERNMENT OF KARNATAKA DODDABALLAPURA SUB-DIVISION DC OFFICE COMPOUND DODDABALLAPURA, PIN-561203. 4. THE THASILDAR HOSAKOTE TALUK HOSAKOTE-562114. 5. THE JOINT DIRECTOR OF LAND RECORDS HOSAKOTE TALUK HOSAKOTE-562114. 6. SRI. CHINNAPPA AGED ABOUT 65 YEARS S/O LATE MUNISHAMAPPA 7. SRI. MUNISWAMY AGED ABOUT 50 YEARS S/O MR. CHINNAPPA 8. SMT. SARASWATHAMMA AGED ABOUT 55 YEARS W/O LATE MR. VENKATESHAPPA RESPONDENTS 6 TO 8 ARE R/AT KARIBEERANAHOSAHALLI VILLAGE JADIGENAHALLI HOBLI, HOSAKOTE TALUK BENGALURU RURAL DISTRICT. 9. SRI. RAHULAPALLI VENUGOPAL AGED ABOUT 45 YEARS S/O VENKATASWAMY R/AT NO.7-834, BANGARUGUDDAMU MIRAYALIGUDDA, NALAGONDA TALUK ANDHRA PRADESH. …RESPONDENTS (BY SRI. MOHAMMED JAFFER SHAH, ADVOCATE FOR R1 TO R5) - 3 - HC-KAR NC: 2025:KHC:31876 WP No. 27789 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT ORDER OF DIRECTION AND TO QUASH THE IMPUGNED ORDER DATED 26.8.2024 IN NO.11/2024-25, ANNEXURE-M PASSED BY THE R5 AND TO DIRECTIONS TO THE RESPONDENT AUTHORITY NOT TO CHANGE REVENUE ENTRY IN THE SAME OF THE R9 RESPECT LAND SY.NO.51/1 AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER 1. Learned AGA takes notice for respondent Nos.1 to 5. Notice to respondent Nos.6 to 9 is not necessary for the following reasons. 2. The petitioner is aggrieved of Annexure-M which is the endorsement issued by the Assistant Director of Land records, Hoskote Taluk declining to stop the Phodi and Durasth undertaken at the behest of respondent No.9. 3. It is the contention of the learned counsel for the petitioner that he has filed a suit in O.S.No.138/2023 on the file of the learned Prl. Civil Judge and JMFC, Hoskote Taluk. It is therefore submitted that since the title of the property is disputed, the revenue authorities should - 4 - HC-KAR NC: 2025:KHC:31876 WP No. 27789 of 2024 not be permitted to conduct the Phodi and Durasth at the instance of the 9th respondent herein. 4. Learned AGA however submits that it is an admitted position that the khata is now standing in the name of the 9th respondent and therefore, an application has been filed by the 9th respondent seeking Phodi and Durasth. The authority has therefore issued the endorsement stating that although the suit filed by the petitioner is pending consideration, nevertheless there is no such direction issued to the survey authorities not to conduct the Phodi and Durasth at the instance of the 9th respondent. 5. In the considered opinion of this Court, so long as the khata is standing in the name of the 9th respondent, he is entitled to seek Phodi and Durasth, unless there is an order passed by the competent authority issuing directions not to conduct Phodi and Durasth. This Court does not find any infirmity in the impugned endorsement issued by the Assistant Director of land records. - 5 - HC-KAR NC: 2025:KHC:31876 WP No. 27789 of 2024 6. Accordingly, the writ petition stands dismissed. Sd/- (R DEVDAS) JUDGE RHS List No.: 1 Sl No.: 11