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2025 DAILYLAW 78085 (KAR)

SRI LAKSHMIKANTH v. STATE OF KARNATAKA

WP/15539/2025 · 2025-07-24

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28296 WP No. 15539 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.15539 OF 2025 (KLR-RES) BETWEEN: 1. SRI LAKSHMIKANTH S/O VEERANNA, AGED ABOUT 60 YEARS R/AT NO.95, 2ND CROSS, NS PALYA, BANNERGHATTA ROAD, BENGALURU - 560076. 2. SMT. K RUKMINI W/O LAKSHMIKANTH AGED ABOUT 50 YEARS R/AT NO.95, 2ND CROSS, NS PALYA, BANNERGHATTA ROAD, BENGALURU - 560076. …PETITIONERS (BY SRI. MANIKANTA H.B., ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, MS BUILDING, BENGALURU - 560 001 REPRESENTED BY PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KEMPEGOWDA ROAD Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28296 WP No. 15539 of 2025 BENGALURU - 560009. 3. THE TAHSILDAR, ANEKAL TALUK, VINAYAKA NAGAR, ANEKAL, BENGALURU URBAN DISTRICT - 562106. 4. 5. ASSISTANT DIRECTOR OF LAND RECORDS, ANEKAL TALUK, ANEKAL, BENGALURU URBAN DISTRICT - 562106. SMT. INDIRA GOPAL W/O GOPAL RAJU AGED ABOUT 59 YEARS R/AT NO.603, SRI SAI SAGAR RESIDENCY 17TH CROSS, 15TH MAIN, J.P. NAGAR 5TH PHASE, BENGALURU -560078. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 TO R4; SRI VIVEK S., ADVOCATE FOR C/R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE SURVEY REPORT SUBMITTED ON 11/11/2024 BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT BEARING NO.ADLR/ANK/MISC/168/24-25 PRODUCED AT ANNEXURE-F; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:28296 WP No. 15539 of 2025 ORAL ORDER Sri. Siddarth Baburao, learned Additional Government Advocate accepts notice for respondents 1 to 4. Sri. Vivek S., learned counsel is representing the respondent No.5/caveator. 2. Heard the learned counsel appearing for the parties. 3. In this writ petition, the petitioners are assailing the Communication dated 11.11.2024 issued by respondent No.4-Assistant Director or Land Records to the respondent No.3-Thasildar, (Annexure- F) and the notice dated 04.01.2025 (Annexure-G) issued by the respondent No.3-Thasildar. 4. Taking into consideration, it is noted that the order dated 11.11.2024 passed by Respondent No.4 is an appealable order. Therefore, the petitioners are aggrieved by the same, and they are at liberty to - 4 - HC-KAR NC: 2025:KHC:28296 WP No. 15539 of 2025 file an appeal before the competent Appellate Authority. It is further observed that the notice dated 04.01.2025 (Annexure-G) issued by Respondent No.3 is a consequence of the directions contained in the impugned order dated 11.11.2024. 5. In view of the above, in the interest of justice, it would be appropriate to grant breathing time to the petitioners to challenge the order at Annexure-F before the appropriate Appellate Authority. Hence, the notice dated 04.01.2025 (Annexure-G) issued by Respondent No.3 shall remain stayed for a period of four weeks from today, to enable the petitioners to take appropriate steps in the matter. Accordingly, the writ petition stands disposed of. - 5 - HC-KAR NC: 2025:KHC:28296 WP No. 15539 of 2025 It is made clear that, this court has not expressed any opinion on the merits of the case. All the contentions of parties are kept open. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 31