- 1 - HC-KAR NC: 2025:KHC:35758 WP No. 5494 of 2025 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. 5494 OF 2025 (KLR-RES) BETWEEN: 1. MR. S K USAMAN AGED ABOUT 75 YEARS, LATE SULEMAN KUTTI. 2. MRS. JARINNA BANU AGED ABOUT 68 YEARS, W/O S K USAMAN. BOTH R/AT SINGANAHALLI VILLAGE, KRISHNAPURA POST, GOWDAGERE HOBLI, HUNSUR TALUK-571105, MYSURU DISTRICT. …PETITIONERS (BY SRI. B S NAGARAJ.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, GOVERNMENT OF KARNATAKA, DEPARTMENT OF REVENUE, M.S.BUILDING, DR AMBEDKAR VEEDI, BANGALORE-560011. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35758 WP No. 5494 of 2025 2. THE DEPUTY COMMISSIONER MYSURU DISTRICT, MYSURU-570001. 3. THE ASSISTANT COMMISSIONER HUNSUR SUB - DIVISION, HUNSUR, MYSURU DISTRICT - 570001. 4. THE TAHSILDAR HUNSUR TALUK, HUNSUR - 571105, MYSURU DISTRICT. 5. THE JOINT DIRECTOR OF LAND RECORDS MYSURU DIVISION, U P O R OFFICE BUILDING, NAZARBAD, MYSORE-570001. 6. THE ASSISTANT DIRECTOR OF LAND RECORDS HUNSUR TALUK, HUNSUR-571105, MYSURU DISTRICT. 7. TALUK SURVEYOR, OFFICE OF THE THASILDAR, HUNSUR TALUK-571105, HUNSUR - MYSURU DISTRICT. …RESPONDENTS (BY SRI. SESHU V, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING ENDORSEMENT DATED 05.12.2024 MADE IN REF NO. SAM. BO. SA. NI. PO. PI. AR 96/2024-25 ISSUED BY THE R-6 ASSISTANT OF LAND RECORDS THE TRUE COPY OF THE SAID ENDORSEMENT SUBMITTED HEREWITH AT ANNEXURE -A AND FURTHER THE ORDER PASSED BY THE R-5 JOINT DIRECTOR, MADE IN REVISION PETITION NO. 09/2022-23 DATED 15.12.2022 THE TRUE COPY OF THE SAID ORDER IS SUBMITTED HEREWITH AT ANNEXURE -B. - 3 - HC-KAR NC: 2025:KHC:35758 WP No. 5494 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The learned High Court Government Pleader takes notice for all the respondents. 2. The learned counsel for the petitioners submits that the petitioners were earlier before this Court in WP No.3943 of 2024 seeking a writ of mandamus directing the respondents to hold an enquiry against the Surveyor, T Nagendra, and further to consider the representation given by the petitioners for conducting phodi and durast in respect of Sy.No.87/1A measuring 9 ¾ guntas situated at Krishnapura Village, Gavadagere Hobli, Hunsuru Taluk, Mysore District. This Court disposed of the writ petition on 05.04.2024 directing the Tahsildar and the Assistant Director of Land Records to proceed to issue notice to the neighbouring land owners and conduct the phodi in accordance with law within the time frame fixed in the circular issued by the State Government. However, the Assistant Director of Land Records has issued an endorsement at - 4 - HC-KAR NC: 2025:KHC:35758 WP No. 5494 of 2025 Annexure-A without conducting phodi and without issuing notice to the petitioners or the neighbouring landowners. 3. It is pointed out that the Assistant Director of Land Records has refused to conduct the phodi on the ground that the petitioners, who claim to be the owners of Sy. No.87/1A, are found to be in possession of Survey No.87/1B. 4. The learned counsel for the petitioners is right in his submission that the Tahsildar and the Assistant Director of Land Records have not complied with the directions issued by this Court. 5. Accordingly the writ petition is allowed while setting aside the impugned endorsement at Annexure-A issued by the Assistant Director of Land Records. 6. The matter stands remitted back to the respondent No.4 - Tahsildar, Hunsuru Taluk and respondent No.6 - Assistant Director of Land Records to issue notice to the neighbouring landowners, and thereafter, conduct phodi as directed by this Court earlier. - 5 - HC-KAR NC: 2025:KHC:35758 WP No. 5494 of 2025 7. Failure on the part of the Tahsildar and the Assistant Director of Land Records to follow the direction issued by this Court shall attract serious consequences. 8. The entire exercise shall be completed as expeditiously as possible, and, at any rate, within a period of two months from the date of receipt of certified copy of this order. 9. The learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE BKM List No.: 1 Sl No.: 29