- 1 - HC-KAR NC: 2025:KHC:26380 WP No. 21008 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.21008 OF 2025 (KLR-RES) BETWEEN: 1. SRI. SOORYANARAYANA ACHARYA S/O. LATE SUBRAYA ACHARYA, AGE: 74 YEARS, OCC: AGRICULTURE, R/AT SHRI DEVI PRASAD NILAYA NEAR SHREE KALILAMBA TEMPLE, BARKUR, BRAHMAVARA TALUK, UDUPI DISTRICT-576 210. …PETITIONER (BY SRI. PRASANNA V R.,ADVOCATE) AND: 1. THE TAHASILDAR BRAHMAVARA TALUK, BRAHMAVARA, UDUPI-576213. 2. THE LICENSED SURVEYOR, DEPARTMENT OF SURVEY, BRAHMAVARA TALUK, UDUPI DISTRICT-576 213. 3. THE ASSISSTANT DIRECTOR OF LAND RECORDS, BRAHMAVARA TALUK, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26380 WP No. 21008 of 2025 UDUPI DISTRICT-576 213. 4. SRI. DINESH ACHARYA AGED ABOUT 70 YEARS MANAGING TRUSTEE, BARKURU SHREE KALIKAMBA TEMPLE, BARKURU, BRAHMAVARA TALUK, UDUPI DISTRICT-576 210. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SURVEY PROCEEDING OF THE RESPONDENT NO.2 AND 3 IN TERMS OF NOTICE DATED 04.07.2025 ISSUED BY THE 2ND RESPONDENT, VIDE ANNEXURE-A, WHEN THE CIVIL SUIT IN O.S. NO.202/2020 AND O.S. NO.324/2025 VIDE ANNEXURE J AND M AND EXECUTION CASE IN EX.93/2025, VIDE ANNEXURE -L ARE PENDING BETWEEN THE PETITIONER AND 4TH RESPONDENT RELATING TO LAND IN SY.NO.9/43 BEING PART OF SY.NO.9/11A2 OF KACCHURU VILLAGE, KOTA HOBLI, BRAHMAVARA TALUK, UDUPI DISTRICT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:26380 WP No. 21008 of 2025 ORAL ORDER Smt. Navya Shekar, learned Additional Government Advocate accepts notice for respondents 1 to 3. 2. I have heard Sri. Prasanna V.R., learned counsel appearing for the petitioner and Smt. Navya Shekar, learned Additional Government Advocate appearing for the respondent-State. 3. In this writ petition, the petitioner is assailing the Survey Process of respondent Nos.2 and 3 in terms of the notice dated 04.07.2025 issued by respondent No.2 vide Annexure-A. 4. Sri. Prasanna V.R., learned counsel for the petitioner submitted that the petitioner herein has filed OS No.89 of 2003 on the file of court of II Additional Civil Judge (Jr.Dn.), Kundapura, the said - 4 - HC-KAR NC: 2025:KHC:26380 WP No. 21008 of 2025 suit came to be decreed in favour of petitioner and therefore, respondent Nos. 1 to 3 cannot initiate either surveyor enquiry in respect of the land in question. Accordingly, sought for interference of this court. 5. Per contra, Smt. Navya Shekar, learned Additional Government Advocate sought to justify action of the respondent-authorities. 6. In the light of the submission made by the learned counsel appearing for the parties, it is not dispute that, the petitioner herein has filed OS No. 89 of 2003 seeking relief of permanent injunction against the defendants therein, and in that view of the matter, the right of the petitioner herein has been protected by the competent Civil court. Therefore, I am of the opinion that, the prayer made in the writ petition does not survive for consideration as the petitioner intended to restrain the respondent-authorities from - 5 - HC-KAR NC: 2025:KHC:26380 WP No. 21008 of 2025 discharging public duty, and therefore this writ petition cannot be entertained, however, the right of the petitioner is protected in the judgment and decree passed in OS No.86 of 2023 and accordingly, the writ petition is not maintainable and as such disposed of. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 41