- 1 - HC-KAR NC: 2025:KHC-D:15691 WP No. 101538 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.101538 OF 2025 (KLR-RES) BETWEEN: NAGARAJ S/O. MAHABALESHWAR SHET, AGE: 71 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O: DHARESHWAR-581 327, TQ: KUMTA, DIST: UTTAR KANNADA. … PETITIONER (BY SRI. C.S. SHETTAR, ADVOCATE) AND: 1. 2. 3. 4. THE JOINT DIRECTOR OF LAND RECORDS, BELAGAVI DIVISION, BELAGAVI-590 001. DEPUTY DIRECTOR OF LAND RECORDS, OFFICE OF DDLR, KARWAR-581 301, TQ: KARWAR, DIST: UTTAR KANNADA. ASSISTANT DIRECTOR OF LAND RECORDS, OFFICE OF ADLR, KUMTA-581 343, TQ: KUMTA, DIST: UTTAR KANNADA. PANDURANG S/O. MAHABALESHWAR SHET, SINCE DECEASED BY HIS LR’S., PREEMA W/O. PANDURANG SHET, AGE: 73 YEARS, OCC: HOMEMAKER, R/O: HIPPARAGI HOSPTIAL, OPPOSITE PETABANA-582 116, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.20 12:45:40 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15691 WP No. 101538 of 2025 5. 6. 7. 8. 9. 10. 11. 12. TQ: LAXSHESHWAR, DIST: GADAG. SUJATA @ REVATI W/O JAYARAM SHET, AGE: 48 YEARS, OCC: HOMEMAKER, R/O: 14/3 ACROSS, BASAPPA GARDEN, MALLESHWARAM-560 003, BENGALURU. ARCHANA W/O ANNAPPA RAIKAR, AGE: 46 YEARS, OCC: HOMEMAKER, R/O: ANAVERAPPANA KEERE, GANDI BAJAR, 3RD CROSS, SHIVAMOGGA-577 202. DEEPA W/O RAGAVENDRA SHET, AGE: 40 YEARS, OCC: HOMEMAKER, R/O. SHREYASA NILAY, CHITAPADI, SHOBHA BEKARI, NEAR UDAPI-576 101. GAYATRI W/O SHARAT VERNEKAR, AGE: 36 YEARS, OCC: HOMEMAKER, R/O: 1805, SAI NILAY, 3RD CROSS-560 040, RPC LAYOUT, VIJAY NAGAR, BENGALURU. RAVIKALA W/O PANDURANG SHET, AGE: 68 YEARS, OCC: HOMEMAKER, R/O: VADIRAJ COMPLEX, OLD BUS STOP, NEAR LAXMESHWAR, GADAG-582 116. RAGVENDRA S/O PANDURANG SHET, AGE: 45 YEARS, OCC: BUSINESS, R/O: VADIRAJ COMPLEX, OLD BUS STOP, NEAR LAXMESHWAR, GADAG-582 116. VADIRAJ S/O PANDURANG SHET, AGE: 36 YEARS, OCC: BUSINESS, R/O: VADIRAJ COMPLEX, OLD BUS STOP, NEAR LAXMESHWAR, GADAG-582 116. SUDHA W/O RAGAVENDRA SHET, AGE: 40 YEARS, OCC: HOMEMAKER, R/O: # DOOR NO. 67, 6TH CROSS, - 3 - HC-KAR NC: 2025:KHC-D:15691 WP No. 101538 of 2025 13. CT BED BSK 2ND STAGE, BENGALURU-560 070. MANGALA W/O VADIRAJ SHET, AGE: 47 YEARS, OCC: HOMEMAKER, R/O: C/O. VADIRAJ S/O NAGARAJ RAIKAR, TQ: SHIKARIPUR, DIST: SHIVAMOGA-577 202. 14. RAMADAS S/O MAHABALESHWAR SHET, AGE. MAJOR, OCC. AGRICULTURE, R/O: DHARESHWAR-581 327, TQ: KUMTA. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R3; SRI. S.B. DODDAGOUDAR, ADVOCATE FOR SRI. A.C. CHAKALABBI, ADVOCATE FOR R9 TO R14; NOTICE TO R4 TO R6 AND R8 ARE SERVED; NOTICE TO R7 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTIONS TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.1 DATED 27-11-2023 IN NO.REV/SURVEY/PHODI/SR-18/105/2024 DATED 14-11-2024 AND AMENDED ORDER DATED 27-11-2024 VIDE ANNEXURE-F, F1 AND THE ORDERS PASSED BY 2ND RESPONDENT-DDLR IN PÀæ.¸ÀA.vÁA.¨sÀƪÀiÁ.¨sÀÆzÁG¤.ªÉÄîä£À«/159/2023-24 DATED 07-03-2024 VIDE ANNEXURE-E. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:15691 WP No. 101538 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the orders passed by the Deputy Director of Land Records and Joint Director of Land Records in exercise of power under Sections 49 and 50 of Karnataka Land Revenue Act, 1964 respectively. 2. The Deputy Director of Land Records has held that the properties in question have to be surveyed afresh by issuing notice to all the parties concerned and the records have to be accordingly corrected after the survey. 3. Learned counsel for the petitioner would submit that there was a partition in the family on 15.09.1994. In terms of registered partition deed dated 15.09.1994, the petitioner is allotted Survey No.31/3 measuring 16-Guntas on the northern side of the aforementioned survey number. After partition, the properties have been subdivided and proper entries are made in the property records. However, the father of respondents No.4 to 13 filed appeal alleging - 5 - HC-KAR NC: 2025:KHC-D:15691 WP No. 101538 of 2025 that there is mismatch in the extent of land allotted to the share of the parties and extent of land occupied by the parties, as such, there has to be a fresh survey and boundaries are to be fixed. 4. Learned counsel for the petitioner would submit that the Deputy Director of Land Records has concluded that there is a mismatch in the property records and the extent of land available is without conducting any survey and thus, impugned orders have to be set-aside. 5. Learned counsel for the respondents would urge that the direction is issued to conduct the survey and to fix the boundaries as per the shares allotted to the parties in the partition, as such, no prejudice is caused to the petitioner; and there has to be a proper survey in terms of the registered petition deed dated 15.09.1994 and the petition has to be dismissed. 6. The Court has considered the contentions raised at the Bar and perused the records. - 6 - HC-KAR NC: 2025:KHC-D:15691 WP No. 101538 of 2025 7. The petitioner has admitted the partition deed dated 15.09.1994. The contesting respondents are also admitting the partition deed dated 15.09.1994. If that is the case, the properties are to be measured as per the allotment made under the partition deed dated 15.09.1994, boundaries are to be fixed and property records are to be changed if there is a need to change the property records pursuant to the survey. 8. Under these circumstances, the Court does agree with the impugned order which directs fresh survey. However, it is made clear that the fresh survey shall be conducted as per the partition deed dated 15.09.1994, which is an admitted document between the petitioner and the contesting respondents. 9. According, the petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/-. CT:BCK LIST NO.: 1 SL NO.: 44