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2025 DAILYLAW 81313 (KAR)

SRI. A VENKATESH v. THE STATE OF KARNATAKA

WP/8238/2023 · 2025-07-17

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26812 WP No. 8238 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.8238 OF 2023 (KLR-RES) BETWEEN: 1. SRI. A VENKATESH S/O LATE NAGARAJAPPA @ ANNAYAPPA MUNISWAMY AGED ABOUT 67 YEARS R/AT NO.1008 , 39TH CROSS, 2ND BLOCK , RAJAJINAGAR BENGALURU - 560010. …PETITIONER (BY SRI. D.R. RAVISHANKAR, SENIOR COUNSEL A/W SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF REVENUE VIKAS SOUDHA BENGALURU - 560001. 2. THE REGIONAL JOINT DIRECTOR OF LAND RECORDS K R CIRCLE BENGALURU - 560001. 3. ENQUIRY OFFICER, CTS - 2 K R CIRCLE BENGALURU - 560001. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26812 WP No. 8238 of 2023 4. UNION OF INDIA , MINISTRY OF DEFENCE, REPRESENTED BY ITS SECRETARY , SOUTH BLOCK, NEW DELHI - 110011. 5. THE DEFENCE ESTATE OFFICER KARNATAKA CIRCLE, KAMRAJ ROAD, BANGALORE - 560042. 6. DIRECTOR ALISDQA - DGAQA NO.71, OUTER RING ROAD, JALAHALLI BENGALURU - 560054. 7. THE COMMANDANT PRTC J C NAGAR BENGALURU - 560054. 8. ASSISTANT DIRECTOR OF LAND RECORDS CTS - 2 K R CIRCLE BANGALORE - 560001. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 TO R3 & R8; SRI. A. CHANDRACHUD, CGC FOR R4 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ASIDE THE IMPUGNED ORDER DATED 09.03.2023 PASSED BY THE RESPONDENT NO.2 I.E. REGIONAL DIRECTOR OF LAND RECORDS, K.R. CIRCLE, BANGALORE, ARISING OUT OF REVISION PETITION NO. 14/2021-22 PRODUCED AS ANNEXURE-Q; RESPONDENT NO.2 REGIONAL JOINT DIRECTOR OF LAND RECORDS K.R. CIRCLE, BANGALORE, TO CONDUCT JOINT SURVEY WITHIN TIME BOUND MANNER TO ASCERTAIN THE 15 GUNTAS OF LAND OF THE PETITIONER AND CONSEQUENTLY ALLOW THE PETITIONER'S APPLICATION FOR JOINT SURVEY PRODUCED AS ANNX-P BEFORE THE RESPONDENT NO.2 ARISING OUT OF REVISION PETITION NO.14/2021-22. - 3 - HC-KAR NC: 2025:KHC:26812 WP No. 8238 of 2023 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 ORAL ORDER 1. In this writ petition, petitioner is assailing the order dated 09.03.2023 passed by respondent No.2 (Annexure-Q) in R.P.14/2021-22, inter alia, sought for a direction to conduct joint survey as per the application at Annexure-P, filed before respondent No.2. 2. Sri. D.R. Ravishankar, learned Senior Counsel appearing on behalf of Sri. S. Saravana, learned counsel for the petitioner, invited the attention of the court to the order dated 09.03.2023 and submitted that though the application filed by the petitioner herein seeking joint survey in respect of the said land in question, however, same has been rejected without assigning any reasons and therefore, sought interference of this Court. - 4 - HC-KAR NC: 2025:KHC:26812 WP No. 8238 of 2023 3. Per contra, learned Additional Government Advocate sought to justify the impugned order. 4. In the light of the submissions made by the learned counsel appearing for the parties, considering the factual aspects of the matter, petitioner herein has made application seeking joint survey and the said application has been dismissed without assigning proper reasons. Reasons are the hallmark of decisions. In that view of the matter, I find force in the submission made by the learned Senior Counsel appearing for the petitioner. Accordingly, the order dated 09.03.2023 in R.P.14/2021-22 is hereby set aside and the matter is remitted to respondent No.2 to reconsider the issue relating to the application filed by the petitioner seeking joint survey, afresh and to take decision in the matter in accordance with law, within outer limit of four weeks from the date of receipt of certified copy of this order. 5. Accordingly, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 53