- 1 - HC-KAR NC: 2025:KHC:47833 WP No. 29823 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 29823 OF 2025 (KLR-RR/SUR) BETWEEN: 1. POORNACHANDRA G P AGED ABOUT 46 YEARS, S/O. PUTTASWAMY G.K. 198, 3RD PHASE, VIJAYANAGAR IV STAGE, MYSORE- 570032. 2. M.N. MAHESH AGED ABOUT 48 YEARS, S/O. NANJEGOWDA KIRUGAVALU HOBLI MALAVALLI TALUK MADAHALLI, MALAVALI, MANDYA-571430. …PETITIONERS (BY SRI. DINAKAR M.P..,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA VEEDHI, BENGALURU -560001. 2. TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND DESIGANTED Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47833 WP No. 29823 of 2025 DEPUTY DIRECTOR OF LAND RECORDS, MANDYA DISTRICT, MANDYA-571 430. 3. TAHSILDAR, MANDYA TALUK, MANDYA-571 430. 4. ASSISTANT DIRECTOR OF LAND RECORDS MANDYA TALUK, MANDYA-571 430. 5. SUPERVISING OFFICER OFFICE OF THE ASSISTANT DIRECTOR OF LAND RECORDS, MANDYA TALUK, MANDYA-571 430. …RESPONDENTS (BY SRI.SPOORTHY HEGDE, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO-DIRECT RESPONDENTS 1 TO 5 TO STRICTLY COMPLY WITH THE ORDER DATED 19.03.2021 AT ANNEXURE-F PASSED BY THE 2ND RESPONDENT IN APPEAL NO.32/2020-21 UNDER THE FACTS AND CIRCUMSTANCE OF THE CASE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:47833 WP No. 29823 of 2025 ORAL ORDER Petitioners have sought for issuance of writ of mandamus to respondent Nos.1 to 5 to strictly comply with the order dated 19.03.2021 at Annexure-F. 2. In terms of the order at Annexure-F, the Deputy Commissioner has set aside the Phodi and durasti proceedings while exercising power under Section 49(a) of Karnataka Land Revenue Act, 1964 and further directed that in Survey No.356 there would be fresh proceedings for phodi and Durasti after taking note of relevant documents mentioned in the order. 3. Petitioners submit that despite the said order being passed on 19.03.2021, the request of the petitioners for survey has not been conducted. 4. Learned AGA submits that wherever the land holdings are less than 5 gunta, in certain districts, the phodi and durasti proceedings cannot be done as regards such properties as a separate unit. Reliance is placed on - 4 - HC-KAR NC: 2025:KHC:47833 WP No. 29823 of 2025 the Circular dated 07.12.2021, bearing No.S.S.L.R/P.M.U/2020-2021. 5. The counsel for the petitioners submits that the holding of the second petitioner is 11 guntas and in light of said extent, the order of the Deputy Commissioner at Annexure-F ought to have been implemented at least as regard to second petitioner. Taking note of the direction at Annexure-F, it would be appropriate to dispose of the petition while directing the respondent Nos.2 to 5 to take steps for phodi and durasti proceedings, taking note of the directions at Annexure-F. 6. Needless to state such direction would be subject to the restrictions that are imposed in the Circular of 07.12.2021 noticed above. Accordingly, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE RU, List No.: 1 Sl No.: 39