- 1 - HC-KAR NC: 2025:KHC:29651 WP No. 22985 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.22985 OF 2025 (KLR-RES) BETWEEN: 1. SRI. S.M.RAJAGOPAL S/O LATE MALIYAPPA, AGED ABOUT 82 YEARS, 2. SRI.H.R DEEPAK, S/O RAJAGOPAL, AGED ABOUT 41 YEARS, BOTH THE PETITIONERS ARE R/AT SATHANUR VILLAGE, POST BAGLUR-562149, BENGALURU NORTH, BENGALURU …PETITIONERS (BY SRI. K.CHANDRANATH ARIGA, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KANDAYA BHAVANA, K.G ROAD, BENGALURU-560001. 2. THE TAHSHILDAR, YELAHANKA TALUK, BENGALURU-560064. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29651 WP No. 22985 of 2025 3. THE ASSISTANT DIRECTOR OF LAND RECORDS, YELAHANKA TALUK, YELAHANKA BENGALURU-560064. 4. THE REVENUE INSPECTOR, HUNASAMARANAHALLI CIRCLE, CHIKKAJALA NAADA KACHERI, CHIKKAJAALA-562157 BENGALURU …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE REPORT AND THE SKETCH DATED 19.02.2019 DRAWN BY THE SURVEYOR/ADLR RESPONDENT NO.3(ANNEXURE-J) 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 Learned counsel for the petitioners submits that pursuant to the Notice issued in terms of Annexure-D, survey was conducted between 13.11.2018 to 17.11.2018 in the presence of the petitioners and villagers at whose behest, the survey was taken up. The villagers were concerned about the extent of the burial ground situated in Sy.No.29, which is adjacent property of the petitioners. At Annexure-F, is the statement given by the - 3 - HC-KAR NC: 2025:KHC:29651 WP No. 22985 of 2025 villagers that measurement in terms of the mahazar drawn in the presence of the villagers insofar as Sy.No.29 is correct and there is no dispute. However, there appears to be another survey conducted without notice to the petitioners or the Khatedar Sri. S.M.Hemanna, who is brother of petitioner no.1 and an observation has been made in the impugned survey sketch at Annexure-J that the kathedars in Sy.No.28 have encroached upon seven guntas of land in Sy.No.29. Pursuant to the said survey, Notice has been issued to the petitioners initiating proceedings under the provisions of the Karnataka Land Grabbing Prohibition Act, 2011 (for short 'the Act') in case No.395/2022. 2. The prayer in this writ petition is to quash the survey report at Annexure-J and to direct respondent Nos.2 and 3 to consider the representation given by the petitioners. Learned Additional Government Advocate raises objection that when the matter is admittedly pending consideration before the Special Court for land grabbing, such direction cannot be issued by this Court in respect of a matter already seized before the Special Court. - 4 - HC-KAR NC: 2025:KHC:29651 WP No. 22985 of 2025 3. On hearing the learned counsel for the petitioners, learned AGA and on perusing the petition papers, this Court is of the considered opinion that if it is the contention of the petitioners that the subsequent survey was conducted without notice to the petitioners and such allegation have been made against the petitioners that they have encroached upon the portion of the land in the neighboring property, then if the petitioners are seeking re-survey in the presence of the petitioners, similar submission be made before the Special Court. If such request is made before the Special Court, the Special Court may consider such a request, which apparently is a genuine prayer, having regard to the fact that the second survey was conducted without notice to the petitioners and the survey was not conducted in their presence. With the above observations, writ petition stands disposed off. Sd/- (R DEVDAS) JUDGE SMJ