- 1 - HC-KAR NC: 2025:KHC:33372 WP No. 19367 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 19367 OF 2025 (KLR-RES) BETWEEN: 1. SHANTAMMA D/O LATE MUNISWAMAIAH AGE 67 YEARS, OCC HOUSE HOLD AND AGRICULTURE, R/O NO.67/3-1 11TH MAIN, J.C. NAGAR, KURUBARAHALLI, MAHALAXMIPURAM LAYOUT, BENGALURU 2. VENKATASWAMY, S/O MUNISWAMAIAH AGED ABOUT 64 YEARS, R/O- NO 30, B MAIN, NEAR WHITE HOUSE, GIDDAMMA LAYOUT, NARAYANAPURA. BENGALURU, NORTH. …PETITIONERS (BY SMT. GIRIJA PATIL B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560001. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33372 WP No. 19367 of 2025 2. THE COMMISSIONER, OF THE SURVEY SETTLEMENT, K.R. CIRCLE, BENGALURU-560001. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS, NELAMANAGALA-562123. 4. THE DISTRICT COMMISSIONER, DODDABALLAPUR-561203. 5. THE ASSISTANT COMMISSIONER DODDABALLAPUR-561203. 6. THE TAHSILDAR, NELAMANGALA TALUK, DIST -BANGALORE RURAL-561203. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.3 TO 6 TO CONSIDER APPLICATION FILED BY THE PETITIONERS FOR ISSUANCE MUTATION OF KHATAHA AND ENTRIES IN REVENUE RECORDS AND 11E SKETCH OF SY.NO.16/2) EXTENT MEASURING 35 GUNTAS EACH BY MAKING PODI AND 11 E SKETCH WHICH IS SITUATED AT YALACHENAHALLI VILLAGE, KASABA HOBLI, TQ. NELAMANAGALA VIDE ANNEAXURE-E TO M AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:33372 WP No. 19367 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. The grievance of the petitioners is that despite a judgment and decree being passed in R.A.No.136/2016, at the hands of the learned IX Additional District and Sessions Judge, Bangalore Rural District, Bangalore and the share of the parties in the suit schedule property having been determined, nevertheless, the Tahasildar, Nelamangala Taluk and the Assistant Director of Land Records, Nelamangala, have not proceeded to mutate and enter the names of the petitioners in the revenue records and conduct phodi and dhurast in respect of the share fallen to the petitioners. It is also submitted that 11E sketch has not been prepared by the licensed surveyor or Taluka surveyor. - 4 - HC-KAR NC: 2025:KHC:33372 WP No. 19367 of 2025 3. After perusing the petition papers, this Court finds that the petitioners have not produced copy of the decree passed by the competent court. Moreover, by a mere preliminary decree, it would not be sufficient to identify the definite share of the parties, unless there is a final decree drawn by the competent civil court. 4. The writ petition is accordingly disposed of, while reserving liberty to the petitioners to obtain a final decree identifying the share fallen to the petitioners and thereafter they are permitted to approach a licensed surveyor to prepare a 11E sketch in terms of the final decree that would be passed by the competent civil court. 5. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KLY CT: JL