- 1 - HC-KAR NC: 2025:KHC:49159 WP No. 27642 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27642 OF 2024 (GM-POLICE) BETWEEN: SHRI. C. MANJUNATH AGED ABOUT 65 YEARS SON OF CHIKKAPPAYANNA R/AT NO.32, DODDAHULLUR JODIDASARAHALLI POST KASABA HOBLI, HOSAKOTE TALUK BANGALORE RURAL DISTRICT - 562 114. …PETITIONER (BY SRI. C.M. NAGABUSHANA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS CHIEF SECRETARY. 2. INSPECTOR GENERAL OF POLICE POLICE HEAD QUARTERS NO.2, NURPATHUNGA ROAD BENGALURU - 560 001. 3. DIRECTOR GENERAL OF POLICE DISTRICT DGP OFFICE POLICE HEAD QUARTERS BESIDE RBI, NRUPATHUNGA ROAD BENGALURU - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49159 WP No. 27642 of 2024 4. SUPERINTENDENT OF POLICE BENGALURU RURAL DISTRICT MILLERS ROAD VASANTHA NAGAR BENGALURU - 560 052. 5. B.S. ASHOK INSPECTOR OF POLICE HOSAKOTE TOWN POLICE STATION AT HOSAKOTE BENGALURU NORTH TALUK BENGALURU - 562 162. 6. ASSISTANT DIRECTOR OF LAND RECORDS HOSAKOTE TALUK HOSAKOTE TALUK OFFICE HOSAKOTE - 562 114. 7. SURVEY SUPERVISOR HOSAKOTE TALUK HOSAKOTE TALUK OFFICE HOSAKOTE - 562 114 …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA FOR R1 TO R4, R6 AND R7; R5 - SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DATED 26.09.2024 IN BEARING NO. H1/PS/NCR/628/24 AT ANNX-P AND QUASHING THE ILLEGAL SURVEY CONDUCTED AS PER ANNX-Q ON 04.10.2024 BY THE R-6 TO 7 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:49159 WP No. 27642 of 2024 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: (a) Issue a writ of Certiorari quashing 2024 in Bearing No: H1/PS/NCR/628/24 at Annexure-P dated: 26.09.2024 at Annexure the letter Pand quashing the illegal + survey conducted as per Annexure on 04.10.2024 by the respondents no.6 to 7. A (b) Direct the respondent no.2 to 4 to initiate disciplinary action against the respondent no.5 for his illegal discharge of his powers. (c) Pass such other order/s as this Hon'ble Court deems fit Including the award of cots, in the interest of justice and equity. 2. The grievance of the petitioner is that respondent No.5 has directed respondent No.6 to carry out a survey of the property of the petitioner with the assistance of respondent No.7, when he has no such power to do so. 3. A perusal of the documents would indicate that there is a suit in O.S.No.281/1985 which had been filed, which was challenged in R.A.No.110/1992 and ended in R.S.A.No.481/1995. The dispute relating to the property between the parties to the said proceedings, the other side having approached respondent No.5, he had directed for a survey to be carried out. - 4 - HC-KAR NC: 2025:KHC:49159 WP No. 27642 of 2024 4. If at all there is any issue as regards boundaries, it is not permissible for the police authorities to verify the boundaries and/or seek for a survey of the said property to be conducted and to verify the same. When such disputes exist, it would be for the police authorities to draw up an NCR and direct the parties to approach the appropriate Civil Court. 5. In the present matter, respondent No.5/Inspector of Police has taken upon himself and issued a direction to the Assistant Director of Land Records to survey the property, which is not permissible. 6. Though learned Additional Government Advocate submits that it is only a request made by respondent No.5 to respondent No.6, the said request was proposed to be acted upon by respondent No.6 and as such, I am of the considered opinion that such kind of actions could not be taken outside the jurisdictional forum. As such, I pass the following: - 5 - HC-KAR NC: 2025:KHC:49159 WP No. 27642 of 2024 ORDER i) The writ petition is allowed. ii) A certiorari is issued. The letters dated 26.09.2024 and 04.10.2024 at Annexures-H and Q, respectively are hereby quashed. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 31