- 1 - HC-KAR NC: 2025:KHC:26939 WP No. 26240 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 26240 OF 2024 (KLR-RES) BETWEEN: 1. MRS IRINE D' SA W/O PETER D' SA AGED ABOUT 73 YEARS, 2. MR. WILFRED D' SA, S/O PETER D' SA AGED ABOUT 51 YEARS, BOTH ARE RESIDING NEAR AGRAR CHURCH AGRAR POST AND B KASABA VILLAGE, BANTWAL TALUK, D.K.DISTRICT. PIN - 574211. …PETITIONERS (BY SRI. RAVISHANKAR SHASTRY G.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU PIN - 560001. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26939 WP No. 26240 of 2024 2. ASSISTANT DIRECTOR OF LAND RECORDS BANTWAL, 2ND FLOOR, TALUK OFFICE ADMINISTRATIVE BUILDING, BANTWAL, D.K. DISTRICT PIN - 574219 3. MR. MICHAEL D' SA S/O. LATE. PATRICK D' SA AGED ABOUT 64 YEARS, RESIDING NEAR AGRAR CHURCH AGRAR POST AND B- KASABA VILLAGE, BANTWAL TALUK, D.K. DISTRICT. PIN - 574211. …RESPONDENTS (BY SMT.NAVYA SHEKHAR, AGA FOR R1 AND 2 SRI. B.M.KHUSHALAPPA, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ENDORSEMENT DTD 09.08.2024 IN NO. BHU.SA.NI/V/VA/11/2024-25 ISSUED BY THE ASSISTANT DIRECTOR OF LAND RECORDS, BANWAL TALUK, BANTWAL ORIGINAL COPY OF WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:26939 WP No. 26240 of 2024 ORAL ORDER In this writ petition, the petitioners are assailing the Endorsement dated 09.08.2024 issued by respondent No.2. 2. Heard Sri.Ravishankar Shastry G., learned counsel for the petitioners and Sri.B.M.Kushalappa, learned counsel appearing for respondent No.3 and Smt.Navya Shekar, learned Additional Government Advocate for respondent Nos.1 and 2. 3. Sri.Ravishankar Shastry G., learned counsel appearing for the petitioners submitted that, the respondent-authorities are duty bound to conduct survey and plotting of the land, despite the suit in O.S.No.238/2024 pending consideration before the Civil Court as per Annexure – D. He further contended, with reference to Section 61 of the Karnataka Land Revenue Act, 1964, and Rule 46-H and 50(5) of the Karnataka Land Revenue Rules, 1966 and submitted that even if there is a - 4 - HC-KAR NC: 2025:KHC:26939 WP No. 26240 of 2024 dispute with regard to the land in question is concerned that would not come in the way of respondent No.2 to conduct phodi of the land in question by making the necessary survey. Accordingly, sought for interference of this Court. 4. Per contra, Sri. B.M.Kushalappa, learned counsel appearing for the respondent No.3 submitted that, suit in O.S.No.238/2024 is pending consideration before the Competent Civil Court, wherein the relief is sought for declaration in respect of the subject land and another suit in O.S.No.106/2024 is pending in respect of the very same subject matter and therefore, unless the rights of the parties are decided in those two suits, the impugned endorsement issued by respondent No.2 is just and proper, and accordingly, sought for dismissal of the petition. 5. Smt.Navya Shekar, learned Additional Government Advocate, asserts to support the impugned Endorsement dated 09.08.2024 (Annexure – A). - 5 - HC-KAR NC: 2025:KHC:26939 WP No. 26240 of 2024 6. In the light of the submissions made by the learned counsel appearing for the parties and taking into consideration the submission made by the learned counsel for the petitioners, Section 61 of the Karnataka Land Revenue Act, 1964 as well as Rule 46-H and Rule 50(5) of the Karnataka Land Revenue Rules, 1966, which have to be read together along with the title that would be adjudicated in the suits mentioned above. It is to be noted that, unless the suit is determined by the Competent Court specifying the rights of the parties concerned, the phodi work cannot be done and the survey of the phodi in respect of the subject land cannot be conducted. 7. In that view of the matter, though there is a provision insofar as disputed facts are concerned, however, since there are two suits pending consideration in respect of the same subject matter, I find force in the submission made by the learned counsel appearing for - 6 - HC-KAR NC: 2025:KHC:26939 WP No. 26240 of 2024 respondent No.3 and therefore, I am not inclined to interfere with the petition. 8. Accordingly, the petition is dismissed. SD/- (E.S.INDIRESH) JUDGE BKN List No.: 1 Sl No.: 52