- 1 - NC: 2025:KHC-D:3321 WP No. 107212 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107212 OF 2024 (KLR-RR/SUR) BETWEEN: SRI. SUBHASHCHANDRA BHOSE S/O. NAGABHUSHAN, AGED ABOUT 71 YEARS, OCC: AGRICULTURIST, R/O. SHRIRAM NAGAR, TQ: GANGAVATHI, DIST: KOPPAL. …PETITIONER (BY SRI. B. SHARANABASAWA, ADVOCATE) AND: 1. THE JOINT DIRECTOR OF LAND RECORDS, KALABURGI DIVISION, KALABURGI, TQ: AND DIST: KALABURGI-585101. 2. THE TECHNICAL ASSISTANT AND EX OFFICER TO THE DEPUTY COMMISSIONER AND THE DEPUTY DIRECTOR OF LAND RECORDS, KOPPAL, TQ AND DIST: KOPPAL-583231. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS GANGAVATHI, TQ: GANGAVATHI, DIST: KOPPAL 583231. 4. THE SUPERVISOR, THE OFFICE OF ASSISTANT DIRECTOR OF LAND RECORD, GANGAVATHI, TQ: GANGAVATHI AND DIST: KOPPAL-583231. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.27 17:00:49 +0530 - 2 - NC: 2025:KHC-D:3321 WP No. 107212 of 2024 5. THE SURVEYOR, THE OFFICE OF ASSISTANT DIRECTOR OF LAND RECORD, GANGAVATHI, TQ: GANGAVATHI AND DIST: KOPPAL-583231. 6. D. RAJARAO S/O. NAGABHUSHAN, AGED MAJOR, OCC: AGRICULTURE, 7. DONNEPUDI RAVIKUMR S/O. D. RAJARAO, AGED MAJOR, OCC: AGRICULTURE, 8. DONNEPUDI VENKATESHWAR S/O. D. RAJARAO, AGED MAJOR, OCC: AGRICULTURE, RESPONDENTS NO.6 TO 8 ARE RESIDENT OF WARD NO.2, SHRIRAMNAGAR, TQ: GANGAVATHI, DIST: KOPPAL-583231. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R5; SRI. GIRISH S. HIREMATH, ADVOCATE FOR R6-R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 13/08/2024, BEARING NO.¥Áæ¨sÀÆdA¤/j«d£ï/27/2023-24 PASSED BY THE RESPONDENT NO.1, VIDE ANNEXURE-D; ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED SURVEY RECORDS PREPARED BY THE RESPONDENT NO.3 TO 5 AS PER THE APPLICATION BEARING NO.07031016735596 DATED 15/12/2017, IN RESPECT OF SY NO.26/*/1 AND SY.NO.26/*/A/1A/2/B/1CD OF ACHAR NARSAPUR VILLAGE VIDE ANNEXURE-B,B1,B2,B3 AND B4 AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:3321 WP No. 107212 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a) Issue a Writ in the nature of certiorari by quashing the impugned order dated 13/08/2024, bearing No.¥Áæ¨sÀÆdA¤/j«d£ï/27/2023-24 passed by the respondent no.1, vide Annexure-D; b) Issue a Writ in the nature of certiorari by quashing the impugned survey records prepared by the respondent No.3 to 5 as per the application bearing no.07031016735596 dated 15/12/2017, in respect of Sy No.26/*/1 and Sy.No.26/ */A/1A/2/B/1CD of Achar Narsapur village vide Annexure-B,B1,B2,B3 and B4 and c) Issue such other appropriate writ, order or direction as this Hon’ble court deems fit under the facts and circumstances of the case, in the interest of justice and equity. 2. The grievance of the petitioner is that the survey records have been prepared after measurement of the properties and 11E sketch has been issued without notice being issued to the petitioner, who is the neighbouring land owner and as such, he submits that the survey sketch, which has been prepared, is not proper and correct. The said survey sketch also impinges on the property of the petitioner. - 4 - NC: 2025:KHC-D:3321 WP No. 107212 of 2024 3. Having perused the Annexure-B series, the statement recorded of the persons and the Mahazar, it is seen that there is a categorical statement made that the petitioner has gone out of town and is not available and a statement has been made by respondents No.6 to 8 that the petitioner is their brother and that they will keep him informed. The survey sketch having been prepared on the basis of application made by respondents No.6 to 8, their statement could not have been accepted, survey carried out and 11E sketch issued. 4. In that view of the matter, there being a violation of the principels of natural justice, I pass the following: ORDER i) Writ petition is allowed. ii) A certiorari is issued. The order dated 13.08.2024 passed by respondent No.1 at Annexure-D is quashed. iii) A certiorari is issued. The impugned survey records prepared by respondents No.3 to 5 as per application - 5 - NC: 2025:KHC-D:3321 WP No. 107212 of 2024 bearing No.07031016735596 dated 15.12.2017 vide Annexures-B, B1, B2, B3 and B4 are quashed. iv) The matter is remitted to respondent No.3 for carrying out a fresh survey after issuance of proper notice to all stakeholders who have an interest in the property concerned including the petitioner and thereafter carrying out the survey in the presence of all stakeholders and process the applications filed by respondents No.6 to 8. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 6