- 1 - HC-KAR NC: 2025:KHC:51666 WP No. 3594 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 3594 OF 2022 (KLR-RES) BETWEEN: 1. SMT.NANJAMMA W/O LATE P. ERAPPA, AGED ABOUT 65 YEARS, 2. SMT. MANJULA N. E. D/O LATE P ERAPPA, AGED ABOUT 45 YEARS, 3. N. E. RAJESHWARI D/O LATE P ERAPPA, AGED ABOUT 43 YEARS, ALL RESIDENTS OF NAGONDANAHALLI VILLAGE, BANGALORE EAST TALUK, BENGALURU-560066. ALL ARE REPRESENTED BY THEIR GPA HOLDER NARAYANAREDDY S/O NARAYANA REDDY, AGED ABOUT 45 YEARS, R/O NAGONDAHALLI VILLAGE, K. R. PURAM HOBLI, BANGALORE EAST TALUK, BENGALURU-560066. …PETITIONERS (BY SRI. GOWTHAMDEV C. ULLAL, ADVOCATE) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51666 WP No. 3594 of 2022 AND: 1. STATE OF KARNATAKA, DEPARTMENT OF HOME, VIDHANASOUDHA, BANGALORE-01, BY ITS SECRETARY. 2. THE TAHSILDAR, BENGALURU EAST TALUK, K R PURAM, BENGALURU. 3. DEPUTY DIRECTOR OF LAND RECORDS, OFFICE OF THE DEPUTY COMMISSIONER, SURVEY SETTLEMENT, BENGALURU URBAN DISTRICT, BENGALURU-560009. 4. JOINT DIRECTOR OF LAND RECORDS, OFFICE OF THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU-560009. 5. ASSISTANT DIRECTOR OF LAND RECORDS, OFFICE OF THE DEPUTY COMMISIONER, BENGALURU EAST TALUK, K R PURAM, BENGALURU-560009. 6. SMT. K. POORNIMA SRINIVAS W/O D. T. SRINIVAS, AGED ABOUT 45 YEARS, 11, KSHEMYADHATRI NILAYA, THIPPAIAH LAYOUT, DEVASANDRA, K R PURAM, BANGALORE-560036 …RESPONDENTS (BY SRI. SPOORTHY HEGDE, HCGP FOR R1 TO R5; SRI. MANMOHAN P.N., ADVOCATE FOR R6) - 3 - HC-KAR NC: 2025:KHC:51666 WP No. 3594 of 2022 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 28.06.2021 IN NO.L.N.D/CR/754/2011- 12 AND L.N.D/CR/29/2017-18 ISSUED BY THE R2 VIDE ANNEXURE-A AND DIRECT THE R2 TO 5 TO COMPLETE PHODI PROCEEDINGS AND ISSUE NEW SURVEY NUMBER TO THE PETITIONERS SCHEDULE PROPERTY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioners have challenged the endorsement at Annexure-A dated 28.06.2021, whereby the Tahsildar has rejected the request of the petitioner for phodi and durasth. The rejection of such request is insofar as there are certain disputes relating to possession as made out from the report of the Tahsildar Grade-II. 2. The facts relevant for the purpose of disposal of the present writ petition is that the petitioners claim rights with respect to an extent of 3 acres in Survey No.42 of Pattandur Agrahara Village, K.R. Puram Hobli on the basis of a sale deed stated to have been executed by Muniyappa S/o Dodde Gowdana Kempanna in favour of Late Papaiah - 4 - HC-KAR NC: 2025:KHC:51666 WP No. 3594 of 2022 dated 03.12.1951. The petitioners submit that the said Muniyappa was claiming rights through the original Jodidhar and subsequently O.S.No.24/2000 came to be filed before the Additional Civil Judge by Erappa who is the husband of the 1st petitioner and father of petitioners No.2 and 3. The said suit was filed against the State seeking for the relief of declaration on the ground that the said Erappa had perfected title by way of adverse possession. The suit came to be decreed which judgment was taken up in appeal by the State in RA.No.83/2001 which affirmed the judgment, which was eventually taken up by the State in RSA.No.156/2007 and the same is also stated to have been dismissed affirming the judgment and decree passed in O.S.No.24/2000. SLP(Civil)No.29520/2008 filed against the judgment and decree in RSA came to be rejected. Accordingly, it is claimed by the petitioners that rights have been crystallized as ordered in O.S.No.24/2000. The petitioners subsequently sought for effecting of mutation - 5 - HC-KAR NC: 2025:KHC:51666 WP No. 3594 of 2022 entry and MR.No.5/2011-12 came to be effected in the name of the petitioners. 3. It is the case of the petitioners that after effecting of mutation entry, the petitioners had made a application of request for phodi and durasth, however the same has been rejected in terms of the endorsement at Annexure-A. The ground mentioned in the endorsement at Annexure-A is that there were certain disputes with respect to possession and records regarding original grant were not available. 4. The petitioners submits that their title is affirmed by virtue of decree in O.S.No.24/2000 which has been affirmed in regular appeal as well as regular second appeal and has attained finality by virtue of rejection of Special Leave to Appeal. It is submitted that the State is a party in all such legal proceedings and after conclusion of such civil disputes, the mutation has been effected in the name of petitioners in MR.No.5/2011-12. It is submitted - 6 - HC-KAR NC: 2025:KHC:51666 WP No. 3594 of 2022 that thereafter what remains is only the phodi proceedings. 5. Learned counsel Sri. P.N.Manmohan appearing for the private respondent submits that there are disputes pending between the petitioners and the private respondent that even as on date W.P.No.23110/2022 is pending consideration. Further submitted that the private respondent is not a party in the proceedings of O.S.No.24/2000 and the only parties to the said proceedings were the State and the petitioners. It is further submitted that there are serious disputes between the parties. 6. It must be noticed that once the mutation entries are duly certified and no dispute exists, once the mutation is recorded in the register of mutations, which is a reflection of acquisition of rights under Section 128 of the Karnataka Land Revenue Act (for short 'the Act'), the next stage is the proceedings of phodi. In terms of Rule 72 - 7 - HC-KAR NC: 2025:KHC:51666 WP No. 3594 of 2022 of Chapter X of the Karnataka Land Revenue Rules, the process of phodi i.e., effecting measurements, mapping of sub-divisions and apportioning of assessment in respect of sub-divisions resulting from mutation would commence. Rule 72 of Chapter X of the Karnataka Land Revenue Rules, 1966 reads as follows: "72. After mutation entries are certified under Rule 66 and after disposal of such disputes as might come up for decision under Rule 67, or after disposal of an appeal, under Rule 69, the relevant records shall be sent by the Tahsildar to the Assistant Superintendent of Land Records, for [effecting] measurements, mapping of sub- divisions, and apportioning of assessment in respect of sub-divisions resulting from mutation. Rules 47 to 57 both inclusive, shall apply mutatis mutandis to such cases." 7. It must be noticed that once the revenue entry in terms of mutation has attained finality, in terms of the procedure under Chapter-X, phodi proceedings are to be initiated. In the event of any inter-se dispute between the parties, the procedure followed insofar as disputes, is also to be addressed in terms of the scheme of the Land Revenue Act and Rules. - 8 - HC-KAR NC: 2025:KHC:51666 WP No. 3594 of 2022 8. It must be noticed that the proceedings of phodi will have to be taken to a logical finality. In the event there are any inter-se disputes between the petitioners and the private respondent in the form of a dispute between neighboring property owners, the procedure under Section 140 of the Act will have to be resorted to. Needless to state, the scope of proceedings before the revenue authorities cannot have the effect of entering into the questions of title. While the petitioners claim declaration of title in terms of the judgment and decree in O.S.No.24/2000 and trace their right to the sale deed dated 03.12.1951, the private respondent on the other hand claims title by virtue of sale deed dated 05.12.1958 and the order of re-grant. 9. It must be noticed that though the counsel for the respondent submits there are disputes regarding possession, however what is to be noticed is that in terms of the hierarchy of records, the documents of title in terms of provisions of the Transfer of Property Act or Orders of - 9 - HC-KAR NC: 2025:KHC:51666 WP No. 3594 of 2022 Civil Court that would vest title, are documents that would bind the revenue authorities. 10. It is pursuant to such documents of title that the revenue entries as contemplated under Section 128 of the Act are affected and such revenue entries in terms of mutation would have to follow the acquisition of title. While considering such acquisition of title, the petitioners' rights are claimed through Civil Court decree, though originally right is claimed through a sale deed. Once the mutation entry has been entered in the register, there ends the second stage of rights of the petitioners. 11. Subsequently, under Chapter-X of the Karnataka Land Revenue Rules, phodi proceedings have to commence. At such stage, the endorsement made by the respondent in-effect, is the inability stated by the respondent authorities to go ahead with the phodi proceedings on the ground as mentioned in the endorsement. The endorsement cannot have the effect of - 10 - HC-KAR NC: 2025:KHC:51666 WP No. 3594 of 2022 rewriting rights of the petitioners which have attained finality by virtue of the decree in O.S.No.24/2000. Accordingly, there cannot be any unwillingness of the State to go ahead by ignoring the judgment and decree passed in favour of the petitioners which has attained finality between the petitioners and the State authorities. 12. If there are other issues that may crop up as either a boundary dispute or regards to the availability of extent of land etc., that is a matter to be looked into in terms of the procedure provided for in the Karnataka Land Revenue Act and Rules relating to phodi and durasth. The reasons mentioned in the endorsement with references to the non-regrant in favour of the petitioners or the Inamdar, cannot be a question that could be re-opened as question of title has now attained finality. What would remain is only dispute if any, inter-se between the petitioners and private respondent, which is a matter that has to be taken note of in terms of the scheme of the Land Revenue Act and Rules. - 11 - HC-KAR NC: 2025:KHC:51666 WP No. 3594 of 2022 13. All contentions of both sides are kept open. The endorsement at Annexure-A is set aside and the authorities are to proceed with phodi proceedings and in the event of any dispute raised by the private respondent, same is to be taken note of as per existing procedure. Needless to state, questions regarding title which have attained finality by virtue of the judgment and decree of O.S.No.24/2000 cannot be raised again. 14. Accordingly, the petition is disposed of. SD/- (S SUNIL DUTT YADAV) JUDGE MCR