- 1 - NC: 2025:KHC-D:394 WP No. 107992 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107992 OF 2024 (KLR-RES) BETWEEN: GANGAPPA S/O. DUNDAPPA JAYI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. KHANAGAON-591344, TQ: GOKAK, DIST: BELAGAVI. …PETITIONER (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560001. 2. THE TECHNICAL ASSISTANT (SURVEY) TO THE DEPUTY COMMISSIONER AND EX-OFFICIO, DEPUTY DIRECTOR OF LAND RECORDS, BELAGAVI-590001, TQ/DIST: BELAGAVI. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS, GOKAK-591218, TQ: GOKAK, DIST: BELAGAVI. 4. THE TAHASILDAR, GOKAK TALUKA, GOKAK-591218, TQ: GOKAK, DIST: BELAGAVI. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO CONDUCT GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:394 WP No. 107992 of 2024 SURVEY/MEASUREMENT OF THE PETITION PROPERTIES AND PREPARE A PT SHEET BY FIXING THE BOUNDARIES IN RESPECT OF THE PETITION PROPERTIES I.E., R.S.NO.701/5 MEASURING 01 ACRES 08 GUNTAS, R.S.NO.701/4 MEASURING 01 ACRES 08 GUNTAS, R.S.NO.701/6 MEASURING 01 ACRES 08 GUNTAS, R.S.NO.701/7 MEASURING 01 ACRE 19 GUNTAS, R.S.NO,.701/3 MEASURING 03 ACRES, R.S.NO.701/2 MEASURING 01 ACRES 08 GUNTAS, R.S.NO.701/1 MEASURING 06 ACRES ALL ARE SITUATED AT KHANAGAON VILLAGE OF GOKAK TALUKA IN BELAGAVI DISTRICT BY CONSIDERING THE APPLICATIONS DATED 05.04.2023 SUBMITTED BY THE PETITIONER AS PER ANNEXURE-B TO B-5 RESPECTIVELY AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. To issue a Writ or Order or Direction in the nature of Writ of Mandamus directing the 2nd respondent to conduct survey/measurement of the petition properties and prepare a PT Sheet by fixing the boundaries in respect of the petition properties i.e., R.S.No.701/5 measuring 01 acres 08 guntas, R.S.No.701/4 measuring 01 acres 08 guntas, R.S.No.701/6 measuring 01 acres 08 guntas, R.S.No.701/7 measuring 01 acre 19 guntas, R.S.No,.701/3 measuring 03 acres, R.S.No.701/2 measuring 01 acres 08 guntas, R.S.No.701/1 measuring 06 acres all are situated at Khanagaon village of Gokak taluka in Belagavi District by considering the applications dated 05.04.2023 submitted by the petitioner as per ANNEXURE-B to B-5 respectively. - 3 - NC: 2025:KHC-D:394 WP No. 107992 of 2024 ii. Grant such other reliefs as deemed fit by this Hon’ble court in the circumstances of the case, in the interest of justice and equity. 2. The grievance of the petitioner is that, applications submitted by the petitioner on 05.04.2023 at Annexure-B series for phodi and durasti has not been considered and completed. Whenever any application for phodi and durasti is submitted, respondent is required to issue notices to all concerned, fix a date for survey and carry out necessary work. The said application cannot be kept pending for more than 1½ years as done in the present case. 3. In that view of the matter, I pass the following: ORDER i. Writ petition is allowed. ii. Mandamus is issued directing the 2nd respondent to conduct survey/measurement and fix boundaries after issuing notice to all - 4 - NC: 2025:KHC-D:394 WP No. 107992 of 2024 the stake holders in R.S.No.701 of Khanagaon Village of Gokak Taluk, Belagavi District, within a period of six months from the date of receipt of copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 26