Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36291 WP No. 36418 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 36418 OF 2024 (KLR-RES) BETWEEN:
SRI FRANCIS ALIS, S/O. LATE ANTHONY SWAMY, AGED ABOUT 53 YEARS, RESIDING AT NO.86, DODDABASAVANAPURA VIRGONAGAR POST, K.R. PURA, BENGALURU - 560 049. …PETITIONER (BY SRI. MARILINGE GOWDA.,ADVOCATE) AND:
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THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY REVENUE DEPARTMENT, AMBEDKAR VEEDHI, M.S. BUILDING, BENGALURU - 560 001.
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THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT BEHIND KANDHAYA BHAVAN BUILDING K.G. ROAD, BENGALURU - 560 001.
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THE SURVEY SUPERVISOR SURVEY DEPARTMENT K.R. PURA TALUK OFFICE, BENGALURU EAST TALUK, BENGALURU - 560 036. Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:36291 WP No. 36418 of 2024
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THE ASSISTANT DIRECTOR OF LAND RECORDS SURVEY DEPARTMENT K.R. PURA TALUK OFFICE, BENGALURU EAST TALUK, BENGALURU - 560 036.
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THE TAHASILDRA K.R. PURA TALUK OFFICE, BENGALURU EAST TALUK, BENGALURU - 560 036. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., AGA)
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENTS CONSIDERING THE REPRESENTATION OF THE PETITIONER TO SURVEY THE SCHEDULED PROPERTY AND ISSUE 11E SKETCH TO THE PETITIONER, THE REPRESENTATIONS DTD. 18.09.2024, 18.09.2024, 07.10.2024, 07.10.2024, 23.10.2024, 23.10.2024, 05.11.2024, 26.11.2024, 10.12.2024, 10.12.2024 VIDE ANNX-J1 TO J10.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents.
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HC-KAR NC: 2025:KHC:36291 WP No. 36418 of 2024
2. This is the third time that the petitioner has approached this Court seeking similar reliefs. Earlier the petitioner had filed W.P.No.20359/2023 seeking directions to the Tahasildar, K.R. Pura, Bengaluru East Taluk, to consider the representation given by the petitioner to mutate and enter the name of the petitioner in the RTC, on the strength of a Will said to have been left behind by the previous Kathedar Smt. Yalasamma, w/o late Sri. Chinnaswamappa, while also seeking directions for the issuance of 11-E sketch since what was bequeathed in favour of the petitioner was only 12 guntas out of 5 acres 5 guntas in Sy.No.56 of Halehalli Village, Bidarahalli Hobli, Bengaluru East Taluk. This Court by order dated 22.09.2023, noticed the judgment in W.P.No.102325/2022 that it would be in the interest of the petitioner that a 11-E sketch be prepared at the hands of the licensed surveyor, clearly depicting the manner in which the parties have sought to divide the property and thereafter, present the same before the Tahasildar. It was also directed that the petitioner may get the 11-E sketch prepared by a licensed surveyor as observed in W.P.No.102325/2022 and thereafter present the same before the Tahasildar. The Tahasildar was directed to take further
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HC-KAR NC: 2025:KHC:36291 WP No. 36418 of 2024 steps for effecting the name of the petitioner in the revenue records, having regard to the orders passed in P&SC.No.18/2023. The petitioner once again filed writ petition No.27084/2023 seeking directions to the Tahasildar to consider the representation dated 11.10.2023, 16.10.2023 and 03.11.2023 to survey the property in question and issue 11-E sketch etc. The writ petition was again disposed of on 12.06.2024, directing the respondents/authorities to conduct a survey and issue 11-E sketch in favour of the petitioner. However, the Assistant Director of land records has issued the impugned endorsement at Annexure-K dated 08.11.2024.
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Learned counsel for the petitioner submits, while pointing out to the impugned endorsement that the Assistant Director of Land Records is of the opinion that in respect of two survey numbers i.e., Sy.Nos.56 and 57, which have similar extents of land, the names in the Karada are also one and the same and there is no difference in the boundaries. Therefore, the petitioner is asked to approach the revenue authorities and get the corrections done in the revenue records.
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HC-KAR NC: 2025:KHC:36291 WP No. 36418 of 2024
4.
Learned counsel for the petitioner submits that the application filed by the petitioner is only in respect of Sy.No.56 and not Sy.No.57. The ADLR has confused the issues without looking into the application filed by the petitioner.
5. Normally this Court would have directed the petitioner to approach a licensed surveyor to get the 11-E sketch prepared, in terms of the judgments of this Court as noticed in W.P.No.20359/2023. However, having regard to the fact that the petitioner had earlier approached this Court twice and such directions were already issued and nevertheless the ADLR has issued the impugned endorsement, this Court is of the considered opinion that necessary directions will have to be issued to respondent No.4-Assistant Director of Land Records and the concerned Tahasildar-Bengaluru East Taluk-respondent No.5. Accordingly, this Court proceeds to pass the following:
ORDER i. The writ petition stands disposed of. ii. The respondent No.5-Tasildar is directed to issue notice to the legal heirs of Late Smt.
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HC-KAR NC: 2025:KHC:36291 WP No. 36418 of 2024 Yalasamma, calling for their objections to entering the name of the petitioner in the revenue records. iii. If the legal heirs of Late Smt. Yalasamma appear before the Tahasildar and say they have no objection to enter the name of the petitioner in the revenue records in respect of the 12 guntas of land bequeathed in favour of the petitioner by Late Smt.Yalasamma, then the Tahasildar shall inform respondent No.4- ADLR to prepare a 11-E sketch in terms of the description of the boundaries given in the Will left behind by Late Smt. Yalasamma in favour of the petitioner. iv. Once the 11-E sketch is prepared, the Tahasildar shall proceed to enter the name of the petitioner in respect of the land bequeathed by Smt. Yalasamma in favour of the petitioner. The entire exercise shall be completed as expeditiously as possible and at
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HC-KAR NC: 2025:KHC:36291 WP No. 36418 of 2024 any rate within a period of four months from the date of receipt of a copy of this order. v. If there are objections raised by any of the legal heirs of the Late Smt. Yalasamma, then the petitioner may be directed to approach a Competent Civil Court to get a declaration of his title in respect of the lands in question. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE AMA List No.: 1 Sl No.: 17