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High Court of Karnataka · body

2025 DAILYLAW 90728 (KAR)

STATE OF KARNATAKA v. S CHIKKAVENKATAPPA

WA/348/2025 · 2025-11-27

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 348 OF 2025 (KLR-RES) C/W WRIT APPEAL NO. 335 OF 2025 (KLR-RR/SUR) WRIT APPEAL NO. 339 OF 2025 (KLR-RR/SUR) WRIT APPEAL NO. 340 OF 2025 (KLR-RR/SUR) WRIT APPEAL NO. 350 OF 2025 (KLR-RR/SUR) WRIT APPEAL NO. 351 OF 2025 (KLR-RR/SUR) WRIT APPEAL NO. 372 OF 2025 (KLR-RES) IN WA No.348/2025 BETWEEN: 1. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA DR. AMBEDKAR ROAD BENGALURU 560 001 2. THE TAHSILDAR BANGALORE EAST TALUK Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 K R PURAM BENGALURU 560 036 3. THE ASSISTANT DIRECTOR OF LAND RECORDS TALUK OFFICE, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 4. THE TALUK SURVEYOR, TALUK OFFICE, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 5. THE DEPUTY TAHSILDHAR, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. …APPELLANTS (BY SRI.K.S. HARISH, GA) AND: SRI S CHIKKAVENKATAPPA S/O. LATE SEENAPPA, AGED ABOUT 55 YEARS, RESIDING AT RAMPURA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU 560049. …RESPONDENT (BY SRI. CHIDANANDA P, ADVOCATE) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 04.03.2024 PASSED IN WRIT PETITION No. 268/2024 - 3 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 (KLR-RES) BY THE LEARNED SINGLE JUDGE AND DISMISS THE SAID WRIT PETITION WITH EXEMPLARY COST AND ETC. IN WA No.335/2025 BETWEEN: 1. STATE OF KARNATAKA REP.BY ITS PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU-560 001. 2. THE TAHSILDAR BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 3. THE ASSISTANT DIRECT OR OF LAND RECORDS TALUK OFFICE BANGALORE EAST TALUK K R PURAM BENGALURU 560 036 4. THE TALUK SURVEYOR, TALUK OFFICE, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 5. THE DEPUTY TAHSILDHAR BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. …APPELLANTS (BY SRI. K.S. HARISH, GA) - 4 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 AND: 1. PARVATHAMMA W/O LATE KRISHNAPPA, AGED ABOUT 56 YEARS, R/AT RAMPURA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU-560049. 2. SMT. PUSHPAMMA D/O LATE KRISHNAPPA, W/O MUNIRAJU, AGED ABOUT 58 YEARS, 3. SRI SUBRAMANI S/O LATE KRISHNAPPA, AGED ABOUT 53 YEARS, 4. MS. RANJITHA D/O SRI SUBRAMANI, AGED ABOUT 26 YEARS, 5. SRI VASUDEVA, S/O LATE KRISHNAPPA, GRANDSON OF MUNIRAJAPPA, AGED ABOUT 47 YEARS, 6. SRI JAYARAM S/O LATE KRISHNAPPA, GRANDSON OF MUNIRAJAPPA, AGED ABOUT 51 YEARS, 7. SRI MANJUNATHA, S/O LATE KRISHNAPPA, GRANDSON OF MUNIRAJAPPA, AGED ABOUT 43 YEARS, 8. SRI MUKUNDA, S/O LATE KRISHNAPPA, - 5 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 GRANDSON OF MUNIRAJAPPA, AGED ABOUT 40 YEARS, 9. SRI CHANDRA, S/O LATE KRISHNAPPA, GRANDSON OF MUNIRAJAPPA, AGED ABOUT 32 YEARS, 10. SRI GOVARDHAN S/O LATE KRISHNAPPA, AGED ABOUT 32 YEARS, 11. SMT PAPAMMA, D/O LATE MUNIRAJAPPA, AGED ABOUT 83 YEARS, 12. SMT. YALLAMMA, W/O LATE VENKATARAMANAPPA, DAUGHTER IN LAW OF LATE MUNIRAJA, AGED ABOUT 63 YEARS 13. SRI MANJU R V S/O LATE VENKATARAMANAPPA, AGED ABOUT 41 YEARS, 14. SMT. GEETHA R V S/O LATE VENKATARAMANAPPA, AGED ABOUT 38 YEARS, 15. SRI SHRINIVASA R V S/O LATE VENKATARAMANAPPA, AGED ABOUT 36 YEARS, 16. SMT. NAGAVENI R V S/O LATE VENKATARAMANAPPA, AGED ABOUT 33 YEARS, 17. SMT. MUNIRATHNAMMA, W/O LATE MANYAPPA, DAUGHTER IN LAW OF LATE MUNIRAJAPPA, AGED ABOUT 62 YEARS, - 6 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 18. SRI SUBRAMANI, S/O LATE MANYAPPA, AGED ABOUT 40 YEARS, 19. SMT M YALLAMMA, D/O LATE MANYAPPA, GRANDDAUGHTER OF LATE MUNIRAJAPPA, AGED ABOUT 36 YEARS, 20. SMT. ROOPA M, D/O LATE MANYAPPA, GRANDDAUGHTER OF LATE MUNIRAJAPPA, AGED ABOUT 34 YEARS, 21. SRI CHANDRASHEKAR S/O LATE MANYAPPA, GRANDDAUGHTER OF LATE MUNIRAJAPPA, AGED ABOUT 36 YEARS, R/AT RAMPURA VILLAGE, BIDARAHALLI HOBLI, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU 560049. REP BY THEIR GENERAL POWER OF ATTORNEY HOLDER, SRI I MANJUNATHA, S/O LATE LAKSHMAIAH, AGED ABOUT 50 YEARS, R/AT RAMPURA VILLAGE, BIDARAHALLI HOBLI, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU 560049. …RESPONDENTS THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER - 7 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 DATED 04.03.2024 PASSED IN WRIT PETITION No. 188/2024 (KLR-RR/SUR) BY THE LEARNED SINGLE JUDGE AND DISMISS THE SAID WRIT PETITION WITH EXEMPLARY COST AND ETC. IN WA No.339/2025 BETWEEN: 1. STATE OF KARNATAKA REP.BY ITS PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU-560 001. 2. THE TAHSILDHAR, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS TALUK OFFICE, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 4. THE TALUK SURVEYOR, TALUK OFFICE, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 5. THE DEPUTY TAHSILDHAR, BANGALORE EAST TALUK, K.R.PURAM, - 8 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 BENGALURU-560 036. …APPELLANTS (BY SRI. K.S. HARISH, GA) AND: CHIKKASUBBAIAH S/O. LATE SEENAPPA, AGED ABOUT 57 YEARS, RESIDING AT RAMPURA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU 560049. …RESPONDENT (BY SRI. CHIDANANDA P, ADVOCATE) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE ORDER DATED 04/03/2024 PASSED IN WP NO.303/2024 BY THE LEARNED SINGLE JUDGE AND DISMISS THE SAID WRIT PETITION WITH EXEMPLARY COST AND ETC. IN WA No.340/2025 BETWEEN: 1. STATE OF KARNATAKA REP.BY ITS PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU-560 001. 2. THE TAHSILDHAR - 9 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS TALUK OFFICE, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 4. THE TALUK SURVEYOR TALUK OFFICE, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 5. THE DEPUTY TAHSLIDHAR, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. …APPELLANTS (BY SRI. K.S. HARISH, GA) AND: 1. SMT SAVITHA W/O LATE V SUBRAMANI, AGED ABOUT 51 YEARS. 2. SRI. HEMANTHKUMAR S/O. LATE V. SUBRAMANI, AGED ABOUT 30 YEARS, 3. SRI. MURALIKRISHNA, S/O. LATE V. SUBRAMANI, AGED ABOUT 25 YEARS, 4. SRI GOKULKRISHNA, S/O. LATE V. SUBRAMANI, AGED ABOUT 23 YEARS, - 10 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 5. SMT. LAVANYA D/O. LATE V. SUBRAMANI, AGED ABOUT 28 YEARS, ALL ARE R/AT RAMPURA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU-560 049. …RESPONDENTS THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 04.03.2024 PASSED IN WP No-29001/2023 (KLR- RR/SUR) BY THE LEARNED SINGLE JUDGE AND DISMISS THE SAID WP WITHE EXEMPLARY COST AND ETC. IN WA No.350/2025 BETWEEN: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU-560 001. 2. THE TAHSILDHAR, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS TALUK OFFICE, - 11 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 4. THE TALUK SURVEYOR TALUK OFFICE, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 5. THE DEPUTY TAHSILDHAR, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. …APPELLANTS (BY SRI. K.S. HARISH, GA) AND: SRI L NARAYANAPPA S/O.LATE LAKSHMAIAH, AGED ABOUT 59 YEARS,. RESIDING AT RAMPURA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU - 560049. …RESPONDENT THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE ORDER DATED 04/03/2024 PASSED IN WP NO.315/2024 BY THE LEARNED SINGLE JUDGE AND DISMISS THE SAID WRIT PETITION WITH EXEMPLARY COST. - 12 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 IN WA No.351/2025 BETWEEN: 1. STATE OF KANATAKA REP.BY ITS PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU-560 001. 2. THE TAHSILDHAR, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS, TALUK OFFICE, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 4. THE TALUK SURVEYOR, TALUK OFFICE, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 5. THE DEPUTY TAHSILDHAR, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. …APPELLANTS (BY SRI. K.S. HARISH, GA) AND: SRI RAMANJINAPPA S/O. LATE SEENAPPA, AGED ABOUT 67 YEARS, RESIDING AT RAMPURA VILLAGE, BIDARAHALLI HOBLI, - 13 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 BENGALURU EAST TALUK, BENGALURU - 560049. …RESPONDENT (BY SRI.CHIDANANDA P, ADVOCATE) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 04.03.2024 PASSED IN WRIT PETITION No. 308/2024 (KLR-RR/SUR) BY THE LEARNED SINGLE JUDGE AND DISMISS THE SAID WRIT PETITION WITH EXEMPLARY COST. IN WA No.372/2025 BETWEEN: 1. STATE OF KARNATAKA REP.BY ITS PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU-560 001. 2. THE TAHSILDHAR, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS,TALUK OFFICE, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. 4. THE TALUK SURVEYOR, TALUK OFFICE, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. - 14 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 5. THE DEPUTY TAHSILDHAR, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560 036. …APPELLANTS (BY SRI. K.S. HARISH, GA) AND: SRI N VENKATAPPA S/O. LATE NARAYANAPPA, AGED ABOUT 60 YEARS, RESIDING AT RAMPURA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU 560049. …RESPONDENT (BY SRI. CHIDANANDA P, ADVOCATE) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 04.03.2024 PASSED IN WP No-210/2024 (KLR-RR/SUR) BY THE LEARNED SINGLE JUDGE AND DISMISS THE SAID WP WITH EXEMPLARY COST. THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 15 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 COMMON ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The State has filed the present set of appeals impugning orders dated 04.03.2024 passed by the learned Single Judge, directing the appellants to consider the applications filed by the writ petitioners as well as all such other similarly placed persons and to verify the documents and thereafter, proceed to conduct phodi and durasth to enable the identification of lands, fixation of boundaries and assignment of new survey numbers in respect of lands falling into Survey No.34 of Kada Agrahara Village. 2. These appeals have been filed belatedly. However, the appellants have filed applications [I.As.1/2025 in all the appeals] seeking condonation of delay. For the reasons stated therein, the same are allowed. 3. The controversy essentially relates to the applications filed by various writ petitioners inter alia praying for the conduct of phodi and dursth in lands falling under Survey No.34 of Kada Agrahara Village to the extent of 228 acres and 17 guntas. - 16 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 4. The appellants are not aggrieved by the operative directions issued by the learned Single Judge. The present appeals are confined to assailing the direction that the exercise be conducted within the period of four months from the date of receipt of the order. 5. The appellants state that pursuant to the orders passed by the learned Single Judge, which are impugned in the present appeals, a Committee was constituted to ascertain the genuinity of the original records relating to grants of land falling under the Survey No.34 as well as darakasth, phodi and durasth, which were carried out in the past. It is stated that the Committee and various survey officers visited the Tahsildar's office and had discussed the case and had issued direction for production of all original records, which included Darakasth Application form; Darakasth Application register; Revenue Inspector and Village Accountant report; official memorandum issued by competent authority; the challan for payment by the applicants; Saguvali chits issued by the competent authority; Saguvali chits issue register, amongst other documents. It is stated that since the land falling in survey number 34 is to the - 17 - HC-KAR NC: 2025:KHC:49498-DB WA No. 348 of 2025 C/W WA No. 335 of 2025 WA No. 339 of 2025 WA No. 340 of 2025 WA No. 350 of 2025 WA No. 351 of 2025 WA No. 372 of 2025 extent of 228 acres and 17 guntas, it would take a considerable time for the Committee to complete the exercise. 6. The learned AGA on instructions states that the Committee would be able to decide about Phodi and Durasthi work within a period of three months and submit its report. He says that thereafter it would take six weeks to complete the Phodi and Durasth work in respect of the writ petitioners. 7. In view of the above, we consider it apposite to modify the impugned orders and dispose of the present appeals by directing that the entire excise be completed within the time frame as indicated by the appellants and as noted above. 8. Appeals are disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS/ List No.: 2 Sl No.: 13