- 1 - HC-KAR NC: 2025:KHC:33954-DB WP No. 18655 of 2024 C/W WP No. 17536 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO.18655 OF 2024 (GM-KLA) C/W WRIT PETITION NO.17536 OF 2023 (S-KSAT) IN WP No.18655/2024 BETWEEN: M.G. JAYARAM S/O. LATE GIDDAPPA AGED ABOUT 49 YEARS RESIDENT OF MOTIHALLI HULIYAR HOBLI CHIKKANAYAKANAHALLI TALUK TUMAKUR DISTRICT-572 218. …PETITIONER (BY SRI CHINMAY KURANDWAD, ADVOCATE FOR SRI KURANDWAD GOPALKRISHNA PRALHAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE GOVERNMENT OF KARNATAKA DR. AMBEDKAR ROAD BENGALURU-560 001. 2. THE COMMISSIONER OF SURVEY SETTLEMENT AND LAND RECORDS K.R. CIRCLE Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33954-DB WP No. 18655 of 2024 C/W WP No. 17536 of 2023 BENGALURU-560 001. 3. ADDITIONAL DIRECTOR OF SURVEY SETTLEMENT REVENUE ADMINISTRATION AND LAND RECORDS BENGALURU DIVISION K.R. CIRCLE BENGALURU-560 001. 4. TECHNICAL ASSISTANT AND DEPUTY DIRECTOR LAND RECORDS CHITRADURGA DISTRICT CHITRADURGA-577 501. 5. ASSISTANT DIRECTOR OF LAND RECORDS HOSADURGA TALUK CHITRADURGA DISTRICT-577 527. 6. KARNATAKA LOKAYUKTA M.S. BUILDING DR. AMBEDKAR ROAD BENGALURU-560 001 REPRESENTED BY ITS REGISTRAR. …RESPONDENTS (BY SMT. PRATHIBHA R.K., AGA FOR R-1 TO R-5; SRI VENKATESH S. ARBATTI, ADVOCATE FOR R-6) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 14/07/2022 PASSED BY THE 6TH RESPONDENT BEARING NO.COMPLAINT/UPALOK/BD/102/2019/ARE-15 PRODUCED AS ANNEXURE-J AS FAR AS THE PETITIONER IS CONCERNED. IN WP NO.17536/2023 BETWEEN: K. RAJANNA S/O. KARIYAPPA AGED ABOUT 45 YEARS, WORKING AS SUPERVISOR OFFICE OF THE ASSISTANT - 3 - HC-KAR NC: 2025:KHC:33954-DB WP No. 18655 of 2024 C/W WP No. 17536 of 2023 DIRECTOR OF LAND RECORDS HOSADURGA TALUK CHITRADURGA-577 527. ...PETITIONER (BY SRI CHINMAY KURANDWAD, ADVOCATE FOR SRI KURANDWAD GOPALKRISHNA PRALHAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE GOVERNMENT OF KARNATAKA DR. AMBEDKAR ROAD BENGALURU-560 001. 2. THE COMMISSIONER OF SURVEY SETTLEMENT AND LAND RECORDS K.R. CIRCLE BENGALURU-560 001. 3. REGIONAL JOINT DIRECTOR OF LAND RECORDS BENGALURU DIVISION K.R. CIRCLE BENGALURU-560 001. 4. DEPUTY DIRECTOR SURVEY SETTLEMENT AND LAND RECORDS HOSADURGA TALUK CHITRADURGA-577 527. 5. KARNATAKA LOKAYUKTA M.S. BUILDING DR. AMBEDKAR ROAD BENGALURU-560 001 REPRESENTED BY ITS REGISTRAR. ...RESPONDENTS (BY SMT. PRATHIBHA R.K., AGA FOR R-1 TO R-4; SRI VENKATESH S. ARBATTI, ADVOCATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) CALL FOR - 4 - HC-KAR NC: 2025:KHC:33954-DB WP No. 18655 of 2024 C/W WP No. 17536 of 2023 RECORDS OF THE APPLICATION NO.220 OF 2023 ON THE FILE OF THE KARNATAKA ADMINISTRATIVE TRIBUNAL BENGALURU B) SET ASIDE THE ORDER DATED 24-6-2023 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL BENGALURU IN APPLICATION NO.220 OF 2023 AS PER ANNEXURE-A. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) 1. Heard Sri. Chinmay Kurandwad, learned counsel for Sri. Kurandwad Gopalkrishna appearing for the petitioners, Smt. Prathibha R.K., learned Addl. Government Advocate for respondent Nos.1 to 5, Sri. Venkatesh S. Arabatti, for respondent No.6-Lokayukta in W.P.No.18655/2024 and learned Addl. Government Advocate for respondent Nos.1 to 4 and Sri. Venkatesh S. Arabatti, learned counsel appearing for respondent No.5-Lokayukta in W.P.No.17536/2023. 2. The present writ petitions have been filed impugning the report dated 14.07.2022 passed by Hon'ble Lokayukta under Section 12(3) of Karnataka Lokayukta Act, 1984(for short 'the Act') in Complaint Nos.Upa/Lok/BD/102/2019/ARE-15(Annexure-J in W.P.No.18655/2024) and Upa/Lok/BD/102/2019/ARE- - 5 - HC-KAR NC: 2025:KHC:33954-DB WP No. 18655 of 2024 C/W WP No. 17536 of 2023 15(Annexure-A9 in W.P.No.17536/2023)). The petitioner in W.P.No.18655/2024 has further challenged the order of suspending his survey license as well as the order passed by the appellate authority-respondent No.5 dismissing his appeal against the order of suspending his survey license and the petitioner in W.P.No.17536/2023 has challenged the report dated 14.07.2022 and proceedings of the Government ordering departmental enquiry dated 29.10.2022 before Karnataka State Appellate Tribunal, Bengaluru by filing Application No.220/2023 and the same came to be dismissed by order dated 24.06.2023. The said order was challenged before this Court and this Court granted stay of the order dated 29.10.2022 passed by the Government. 3. Petitioner in W.P.No.18655/2024 is a licensed Surveyor attached to the office of Assistant Director of Land Records, Hosadurga, Chitradurga District and petitioner in W.P.No.17536/2023 is a Survey Supervisor working in the Department of Survey Settlement and Land Records, Hosadurga, Chitradurga District. 4. Learned counsel for the petitioners has strenuously argued that the complaint before the Karnataka Lokayukta was barred - 6 - HC-KAR NC: 2025:KHC:33954-DB WP No. 18655 of 2024 C/W WP No. 17536 of 2023 under Section 8(2) (b) of the Act. According to the learned counsel for the petitioners, the petitioner in W.P.No.18655/2024 has submitted the survey report in the year 2013 in respect of Sy.No.35/1B1 of Peelapur village, Hosadurga Taluk, Chitradurga District. The complaint was made by one Sri. M. Eshwarappa, President, Dasimaiya Layout, Ajampura road, Hosadurga Taluk, Chitradurga District against Sri. M.G. Jayaram(petitioner in W.P.No.18655/2024), licenced Surveyor, Holalkere Taluk, Chitradurga District and Sri. Rajanna(petitioner in W.P.No.17536/2023), Survey Supervisor, Office of Assistant Director of Land Records, Hosadurga Taluk, Chitradurga District. 5. As the facts are noted in the report dated 14.07.2022 of the Lokayukta under Section 12(3) of the Act, the complainant had land measuring 4 acres 32 guntas in Sy.No.35/1B1. There was 4 acres of kharab land on the western side. Total extent of re- survey No.35/1B is 15 acres 30 guntas, out of which, an extent of 5 acres stands in the name of C. Shanthakumar and 3 acres to Pashupathi. Land of C. Shanthakumar is on the western side of the land of the complainant. He had purchased 5 acres of said land from Parvathamma. The allegation in the complaint is that with the intention of deceiving, the - 7 - HC-KAR NC: 2025:KHC:33954-DB WP No. 18655 of 2024 C/W WP No. 17536 of 2023 petitioners had falsely mentioned in the sale deed as 1 -28 guntas kharab. At the time of doing Tatkal phodi to 1 acre 28 guntas sale deed, false entries have been made. The petitioners and Tahsildhar have created false survey documents and stated that 1 acre 28 guntas of kharab land came to the land of C. Shanthakumar and accordingly, created false survey documents. 6. As the facts have been noted in the report, on 21.12.2019, the Assistant Director of Land Records, Hosadurga submitted a report before the Lokayukta stating that the area was measured as per the entry in the revenue records as in the possession of the tenant and a copy of the said report was sent to the complainant for his reply. On 05.10.2020, the complainant filed an additional complaint with the Director of Land Records, Chitradurga stating that there was no dispute regarding the measurement and the inspection of land as per the order in Appeal No.182/2014-2015. The complainant was directed to submit certain documents, as the relevant documents were not available regarding the existence of 4 acres of kharab land. On 17.10.2020, the Director of Land Records, Chitradurga submitted documents regarding the existence of 4 acres of kharab land on the west side of the - 8 - HC-KAR NC: 2025:KHC:33954-DB WP No. 18655 of 2024 C/W WP No. 17536 of 2023 complainant's land. In the order in Appeal No.182/2014-2015, there is 4 acres of kharab land only on the west side of the complainant's land and no kharab land belonging to Shanthakumar and Pashupathi was mentioned. Kharab land was ordered to be non-existent. 7. Out of Land in Sy.No.35/1B(15 acres 35 guntas), 5 acres is owned by Shanthakumar and 3 acres is owned by Pashupathi. Shanthakumar had purchased 5 acres of land from Parvathamma, W/o. Karibasappa. 8. On 16.04.2013, the land was measured and divided as per the original documents. The kharab land was divided into Sy.Nos.35/1B1 and 35/1B2. After conducting the enquiry and examining the records of the land, the Lokayukta found the petitioners liable for disciplinary action as per Rule 3(1) (i) to (iii) of Karnataka Civil Services(Conduct) Rules, 1966 and directed the Disciplinary authority to take action against them under Rule 14-A of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957. It has been further directed that action taken report against the delinquent officials to be communicated to the Lokayukta. - 9 - HC-KAR NC: 2025:KHC:33954-DB WP No. 18655 of 2024 C/W WP No. 17536 of 2023 9. Learned counsel for the petitioners submit that the petitioner in W.P.No.18655/2024 has submitted the survey report way back in the year 2013 and petitioner in W.P.No.17536/2023 was to supervise the records of the survey done, whereas, the complaint has been filed on 03.01.2019 and such complaint is barred under Section 8(2) (d) of the Act. 10.We have considered the said submissions and we find no force in the submissions advanced by learned counsel for the petitioners. What is the relevant date to determine whether the complaint has been filed within the period of five years. It is the date on which action complaint takes place. In these cases, it would be the date when the survey got changed and not the survey report submitted by the petitioners. On the basis of the report and the other documents created, C. Shanthakumar was shown to be the owner of 1 acre 28 guntas of kharab land. Therefore, the date of change in the survey on the basis of the report submitted by the petitioners and other documents created, would be the relevant date to determine whether the complaint filed by the complainant was within the time or beyond time. - 10 - HC-KAR NC: 2025:KHC:33954-DB WP No. 18655 of 2024 C/W WP No. 17536 of 2023 11.We therefore, are of the considered opinion that since the change in the khatha and survey was made on the basis of the report only in the year 2019, the complaint filed by the complainant was not time barred. Further, the petitioners never raised this objection before the Lokayukta, as they were issued notices to participate in the enquiry and they were heard and their documents were examined by the Lokayukta before submitting the report under Section 12(3) of Karnataka Lokayukta Act. We therefore, find no substance in the submissions advanced by learned counsel for the petitioners. 12.The petitioner's licence in W.P.No.18655/2024 has been cancelled by the order dated 15.09.2023 and the appeal filed by him also came to be dismissed on 11.06.2024 and the petitioner in W.P.No.17536/2023 being a Government Servant challenged the report dated 14.07.2022 and proceedings of the Government ordering departmental enquiry dated 29.10.2022 before Karnataka State Appellate Tribunal, Bengaluru by filing Application No.220/2023 and the same came to be dismissed by order dated 24.06.2023. The said order was challenged before this Court and this Court granted stay of the order dated 29.10.2022 passed by the Government. We therefore, direct the Disciplinary Authority to conclude the disciplinary - 11 - HC-KAR NC: 2025:KHC:33954-DB WP No. 18655 of 2024 C/W WP No. 17536 of 2023 proceedings as directed by Lokayukta, expeditiously within a period of three months from today. 13.The petitioners are directed to cooperate in the disciplinary proceedings so that the order passed by Lokayukta under Section 12(3) of the Act, is complied with. 14.With the aforesaid directions, we dispose of these writ petitions. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 11