- 1 - HC-KAR NC: 2025:KHC:51742 WP No. 22080 of 2024 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. 22080 OF 2024 (KLR-RES) BETWEEN: 1. ARASE GOWDA @ CHIKKANNA S/O LATE SONNE GOWDA, AGED ABOUT 57 YEARS, B.C HALLI DISTRICT, BANNURU HOBLI, T NARASIPURA TALUK, MYSORE-571 101 … PETITIONER (BY SRI. RAJESWARA P N., ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, M.S.BUILDING, BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. TAHSILDAR TAHSILDAR OFFICE BUILDING, T NARASIPURA TALUK, MYSORE-571 101 3. ASSISTANT DEPUTY DIRECTOR OF LAND RECORDS Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51742 WP No. 22080 of 2024 OFFICE OF THE COLLECTOR, MYSORE DISTRICT, MYSORE-571 101 … RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT BEARING NO. TAM(4) NO.1/HIM/2024 DTD. 11.07.2024 ISSUED BY THE R-3 AS PER ANNEXURE-A 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 This petition has been filed seeking to set aside the endorsement at Annexure-'A' dated 11.07.2024. The Technical Assistant to the Deputy Commissioner who is officiating as Deputy Director of Land Records, by the said endorsement, has disposed of the appeal filed under Section 49(A) of the Karnataka Land Revenue Act, 1964 on the ground that challenge to the earlier Phodi and durasth cannot be considered, in light of the proceedings pending before this Court in RSA Nos.234/2022 c/w 622/2022 and 686/2022. - 3 - HC-KAR NC: 2025:KHC:51742 WP No. 22080 of 2024 2. Learned counsel for the petitioner has filed I.A.No.2/2025 for production of additional documents and has produced copy of the judgment dated 20.03.2025 passed in RSA No.234/2022 c/w RSA Nos.622/2022 and 686/2022. The said Second Appeals have been withdrawn. The relevant observation at para-3 is as follows:- "3. The appellants in RSA No.234/2022 have filed a memo stating that the legal representatives of defendant No.6 seeks leave of the Court to withdraw their counter claim with liberty to move the revenue/survey authorities for getting pakka phodi durasth work concerning their land in Sy.No.296, block No.6, measuring one acre of T.Narasipura Taluk, Bannur Hobli, B.Seehalli Village and also with liberty to file a fresh suit before the Competent Civil Court, seeking appropriate relief including the one for permanent injunction or declaration of title with consequential relief. 4. The Memo is placed on record. 5. The appeal in RSA No.234/2022 is dismissed as withdrawn. In view of the dismissal of the appeals, pending I.As if any, do not survive for consideration, and are accordingly, disposed of. 3. Taking note of the same, the endorsement at Annexure-'A' dated 11.07.2024 requires to be set aside, in - 4 - HC-KAR NC: 2025:KHC:51742 WP No. 22080 of 2024 light of the subsequent event of disposal of RSA No.234/2022 c/w RSA Nos.622/2022 and 686/2022 by this Court. 4. Accordingly the endorsement at Annexure-'A' dated 11.07.2024 is set aside. The appeal filed under Section 49(A) of the Karnataka Land Revenue Act, 1964 stands revived. All contentions are kept open. 5. Learned counsel appearing for impleading applicants is not present. 6. However, taking note of the subsequent event of disposal of RSA No.234/2022 c/w RSA Nos.622/2022 and 686/2022, the endorsement requires to be set aside and by virtue of setting aside of the endorsement, the impleading applicants, who are parties in the civil proceedings cannot be said to be prejudiced. Accordingly, no order requires to be passed as regards impleading application and is accordingly disposed of. - 5 - HC-KAR NC: 2025:KHC:51742 WP No. 22080 of 2024 7. In light of setting aside of endorsement at Annexure-'A' dated 11.07.2024, consequently, the proceedings under Section 49(A) of the Karnataka Land Revenue Act, 1964, pending before respondent No.3 stands revived. If the petitioner were to make a request for interim relief, the same may be considered and appropriate orders be passed within ten days from the date of making such request. All contentions are kept open. Accordingly, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR