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2025 DAILYLAW 72629 (KAR)

MRS. PRECCELLA IGNATIUS FERNANDES v. THE STATE OF KARNATAKA

WP/12610/2024 · 2025-09-10

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35739 WP No. 12610 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.12610 OF 2024 (KLR-RES) BETWEEN: MRS. PRECCELLA IGNATIUS FERNANDES, W/O. IGNATIUS FERNANDES, AGED ABOUT 62 YEARS, R/AT: FLAT NO.302, ANDHERI RIDDHI SIDDHI, A WING, MILITARY ROAD, BOROSIL COMPANY, MAROL, ANDHERI EAST, MUMBAI-400 059. REPRESENTED BY HER GPA HOLDER, MR. SYLVESTER MATHIAS, S/O. LATE FELIX MATHIAS, AGED ABOUT 66 YEARS, R/AT: DOOR NO.4-126, NISARGA POST, MOODUBELLE, UDUPI DISTRICT-576 120. …PETITIONER (BY SRI. RAKSHITH KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, M.S. BUILDING, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35739 WP No. 12610 of 2024 BENGALURU-560 001. REP. BY ITS SECRETARY. 2. THE TAHSILDAR, KARKALA TALUK, D-K-574 102. 3. DEPUTY DIRECTOR OF LAND RECORDS, UDUPI SUB-DIVISION, D.K-576 101. …RESPONDENTS (BY SRI. SESHU.V., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 AND 3 TO ISSUE 11E SKETCH WITH RESPECT TO AGRICULTURAL LAND BEARING SY.NO.623/1 MEASURING 2-42 ACRES SITUATED AT NITTE VILLAGE, KARKALA TALUK, UDUPI DISTRICT BY CONSIDERING HER APPLICATION DTD 17.03.2018 AND ONLINE APPLICATION AS PER, IN ACCORDANCE WITH LAW AS PER ANNEXURE-D AND E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS - 3 - HC-KAR NC: 2025:KHC:35739 WP No. 12610 of 2024 ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. 2. The grievance of the petitioner is that the respondent-Tahsildhar is not issuing 11E Sketch, which is sought for by the petitioner. 3. Learned High Court Government Pleader submits that it is not clear from the application filed by the petitioner as to why 11E Sketch is required by the petitioner. Normally, 11E Sketch is issued where a revenue land is sought to be divided and different parts as per the division have to be reflected in the survey records. It is not stated in the application as to why the 11E Sketch is necessary and no division is sought. 4. Learned counsel for the petitioner draws attention of this Court to Annexure-G, which is communication made by the Tahsildhar to the Assistant Director of Land Records seeking clarification to say from which original survey number, the present Sy.No.623/1 has been bifurcated and re-numbered. - 4 - HC-KAR NC: 2025:KHC:35739 WP No. 12610 of 2024 5. In the considered opinion of this Court, the submission of the learned HCGP has to be considered. Learned HCGP is right in his submission that normally 11E Sketch is issued when the kathedhar seeks to bifurcate the property by division either for the purpose of sale or for division between family members. No such information is given by the petitioner. On the other hand, if the petitioner is seeking survey and re-fixation of the boundaries, then appropriate application should be filed by the petitioner online. If such application is filed, Competent Authority shall consider the same in accordance with law. Accordingly, writ petition stands disposed off. Learned HCGP is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE SMJ List No.: 1 Sl No.: 21