- 1 - HC-KAR NC: 2025:KHC-D:13965 WP No. 102576 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102576 OF 2025 (LA-RES) BETWEEN: CHANDRASHEKHAR S/O. HANAMANTHAPPA KONASAGAR, AGE ABOUT 52 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: KUSHTAGI, TQ: KUSHTAGI, DIST: KOPPAL – 583 277. …PETITIONER (BY SRI. RAJASHEKHAR B. HALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY OF REVENUE DEPARTMENT, M.S. BUILDING, VIKAS SOUDH, BENGALURU – 01. 2. THE DISTRICT COMMISSIONER, KOPPAL DISTRICT, KOPPAL-583 231. 3. THE ASSISTANT COMMISSIONER, KOPPAL DISTRICT, KOPPAL-583 231. 4. THE DISTRICT HEALTH OFFICER, KOPPAL, TQ AND DISTRICT, KOPPAL – 583 231. 5. THE TAHASILDAR, TQ: KUSHTAGI, DIST: KOPPAL – 583 277. 6. THE HEALTH OFFICER, PRIMARY HEALTH CENTER CHALAGERI, TQ: KUSHTAGI, DIST: KOPPAL – 583 277. 7. SHREE VIJAYAMAHNTH MAHASWAMIGALU S/O. GURUMAHANTHSWAMIGALU, MYSOREMATH AGE ABOUT 75 YEARS, OCC: PREACH RELIGION, R/O: GAJENDRAGADA, TQ: GAJENDRAGADA, DIST: GADAG, PIN CODE – 582 114. …RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1 TO R6; NOTICE TO R7 IS DISPENSED WITH) Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13965 WP No. 102576 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY DIRECTION TO THE RESPONDENTS NO.2 TO 5 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 27.02.2023 SAME IS PRODUCED AT ANNEXURE-J,K,L AND M RESPECTIVELY WITHIN THE STIPULATED PERIOD IN THE INTEREST OF JUSTICE AND EQUITY. THIS HON’BLE COURT BE PLEASED TO ISSUE THE POSITIVE DIRECTION TO THE RESPONDENTS NO 5 TO CONDUCT THE RE-SURVEY AND DETERMINATION OF THE BOUNDARIES THE PROPERTY OF THIS WRIT PETITIONER BEARING 13/4 MEASURING 2 ACRES SITUATED AT CHALAGERI VILLAGE OF HANUMASAGAR HOBBALLI OF KUSHTAGI TALUKA DISTRICT KOPPAL, BY THE COMPETITIVE SURVEYOR WITH FOLLOWING DUE PROCEDURE OF LAW AND ADOPTING THE METHODS FOR SURVEY THE LAND OF THIS WRIT PETITION WITHIN TIME OF BOND OF TWO WEEKS IN THE ENDS OF LITIGATION AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this court seeking the following prayer: A. Issue a writ in the nature of mandamus or any direction to the respondents no.2 to 5 to consider the representation of the petitioner dated 27.02.2023 same is produced at Annexure-J,K,L and m respectively within the stipulated period in the interest of justice and equity. B. This Hon’ble court be pleased to issue the positive direction to the Respondents no 5 to conduct the re- survey and determination of the boundaries the property of this writ petitioner bearing 13/4 measuring 2 acres situated at Chalageri Village of Hanumasagar Hobballi of Kushtagi Taluka District Koppal, by the competitive surveyor with following due procedure of law and adopting the methods for survey the land of this writ petition within time of bond of two weeks in the ends of litigation. C. pass such other order or orders as this Hon’ble court may deem fit in the circumstances of the case. - 3 - HC-KAR NC: 2025:KHC-D:13965 WP No. 102576 of 2025 2. Heard the learned counsel Sri.Rajashekar B. Halli, appearing for petitioner and learned AGA-Sri.Ramesh Chigari, appearing for respondent Nos.1 to 6. 3. On 11.01.2021, the petitioner purchases the subject property by a registered sale deed from the hands of respondent No.7. The survey comes to be conducted on the subject property on 06.05.2022. The survey is against the petitioner. The petitioner was not informed of the survey or did participate in the proceedings. Therefore, the conduct of survey is behind the back of the petitioner. The petitioner then submits a representation to respondent Nos.2 to 5 to resurvey the property in his presence which representation is not considered as on date. 4. Learned AGA on instructions would submit that if time is granted, the property of the petitioner would be surveyed and appropriate report would be furnished to the petitioner. - 4 - HC-KAR NC: 2025:KHC-D:13965 WP No. 102576 of 2025 5. In that light, I deem it appropriate to dispose the petition, with a direction to the respondent-State to conduct the survey on 04.11.2025 at 10.30 a.m. and furnish the report of such survey to the petitioner. 6. All other contentions other than the one considered shall remain open. 7. The petition stands disposed Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 125