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2025 DAILYLAW 6988 (KAR)

VIJAYKUMAR S/O UDAYKUMAR BANNUR v. THE GOVERNMENT OF KARNATAKA

WP/107582/2023 · 2025-04-02

M G Uma

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5913 WP No. 107582 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA WRIT PETITION NO.107582 OF 2023 (KLR-RR/SUR) BETWEEN: VIJAYKUMAR S/O. UDAYKUMAR BANNUR, SINCE DECEASED BY HIS LR’S. 1. SMT. NIRMALA W/O. UDAYKUMAR BANNUR, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. GURUWAR PETH, GOKAK – 591218, TQ: GOKAK, DIST: BELAGAVI. 2. SHREEDHAR S/O. UDAYKUMAR BANNUR, AGE: 33 YEARS, OCC: AGRICULTURE, R/O. GURUWAR PETH, GOKAK – 591218, TQ: GOKAK, DIST: BELAGAVI. …PETITIONERS (BY SHRI SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M. S. BUILDING, BENGALURU - 560001. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5913 WP No. 107582 of 2023 2. THE ASSISTANT DIRECTOR OF LAND RECORDS, GOKAK - 591218, TQ: GOKAK, DIST: BELAGAVI. 3. THE TAHASILDAR GOKAK TALUKA, GOKAK - 591218, TQ: GOKAK, DIST: BELAGAVI. 4. SUNIL S/O. SHANKAR VIBHUTE, AGE: NOT KNOWN, OCC: AGRICULTURE, R/O. MAKKALAGERI – 591344, TQ: GOKAK, DIST: BELAGAVI. …RESPONDENTS (BY SHRI T. HANUMAREDDY, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO QUASH IMPUGNED NOTICES APPLICATION BEARING NO.01040319278774 DATED 22-01-2020 PREPARED BY THE 2ND RESPONDENT AS PER ANNEXURE-A AND ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONDUCT FRESH SURVEY OF THE PETITION PROPERTY BY ISSUING FRESH NOTICES TO THE PETITIONER AS WELL AS INTERESTED PERSONS. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:5913 WP No. 107582 of 2023 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioners have approached this Court seeking issuance of writ in the nature of Certiorari to quash the impugned notice dated 22.01.2020 issued by respondent No.2 – the Assistant Director of Land Records, Gokak, (“ADLR” for short) produced as per Annexure-A, and to direct the respondents to conduct fresh survey of the property in question by issuing fresh notices. 2. Heard Sri Sriharsh A. Neelopant, learned counsel for petitioners and Sri T. Hanumareddy, learned Additional Government Advocate for respondent Nos.1 to 3 - State. Perused the materials on record. 3. Learned counsel for the petitioners contended that respondent No.2 had prepared the P.T.Sheet as per Annexure-A. Being aggrieved by the same, he has preferred this petition. Annexure-A is stated to be the notice issued by the Taluka Surveyor/ADLR. The recitals in the document discloses that the ADLR had issued notice regarding his visit to the spot on 22.01.2020 for the - 4 - NC: 2025:KHC-D:5913 WP No. 107582 of 2023 purpose of survey of the land, and directing the parties to produce relevant documents pertaining to their rights. In the prayer column, the petitioners are seeking to quash the impugned notice dated 22.01.2020 i.e., Annexure-A. 4. Learned Additional Government Advocate opposing the writ petition submitted that, if at all the petitioners are aggrieved by any of the order passed by the ADLR, they have to approach the Deputy Director of Land Records for necessary reliefs. 5. The grounds made out in the writ petition disclose that the petitioners are aggrieved by preparation of P.T.Sheet without following the procedure and in violation of principles of natural justice. As already noted, Annexure-A is not the P.T.Sheet. It is only a notice issued by the ADLR. The P.T.Sheet said to have been prepared is not challenged in this petition. Under such circumstances, the writ petition is devoid of merits and therefore, the same is dismissed. Sd/- (M.G.UMA) JUDGE EM CT:ANB:List No.: 1 Sl No.: 9