Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:11502-DB WA No. 1174 of 2024 C/W WA No. 1200 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1174 OF 2024 (KLR-RES) C/W WRIT APPEAL NO. 1200 OF 2024 (KLR-RES)
IN WA No. 1174/2024
BETWEEN:
1. MS. MARIO ALPHONSE DIAS D/O. R.S. DIAS AGED ABOUT 74 YEARS 783, 2ND CROSS BEHIND CANARA BANK MARTHAHALLI POST BANGALORE – 560 037. REPRESENTED BY HER GPA HOLDER MR MANJUNATH J S/O JKB SWAMY
…APPELLANT (BY SRI. S KALYAN BASAVARAJ, ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:11502-DB WA No. 1174 of 2024 C/W WA No. 1200 of 2024
DEPARTMENT OF REVENUE VIKASA SOUDHA BENGALURU – 560 001. BY ITS PRINCIPAL SECRETARY
2. JOINT DIRECTOR OF LAND RECORS CITY SURVEY SOUTH DIVISION K R CIRCLE BENGALURU – 560 001. 3. ASSISTANT DIRECTOR OF LAND RECORDS CITY SURVEY TEAM (2), BENGALURU K.R. CIRCLE, BENGALURU - 560 001. 4. ENQUIRY OFFICER CITY SURVEY TEAM (2) K R CIRCLE BENGALURU – 560 001. 5. T HARRY DIAS S/O THOMAS SEBASTIAN NO 591, 1ST ‘A’ CROSS BHUVANESHWARINAGAR R T NAGAR BENGALURU- 560 032. 6. MARIO ELIZABETH D/O T HARRY DIAS NO 591, 1ST ‘A’ CROSS BHUVANESHWARNAGAR R T NAGAR
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HC-KAR NC: 2026:KHC:11502-DB WA No. 1174 of 2024 C/W WA No. 1200 of 2024
BENGALURU – 560 032. 7. SHEELA ANISH W/O. LATE C N KRISHNAMURTHY KAMALA MANSIONS NO 1, CONNAUGHT ROAD VASANTHNAGAR BANGALORE – 560 001. 8. LORD CHRISTOPHER LAWRES DIAS S/O LATE R S DYAS 783, 2ND CROSS BEHIND CANARA BANK MARATHALALI POST BENGALURU – 560 037. 9. MARIYO PETER DIAS D/O LATE R.S.DYAS 3/1, 6TH CROSS SUBEDAR PALYA YESHWANTHPUR BENGALURU – 560 022. 10. ASSISTANT REVENUE OFFICER BBMP VASANTHNAGAR SUB DIVISION QUEENS ROAD SHVIAJIGNAGAR BENGALURU – 560 002. 11. SMT. KAMALABAI EDUCATION TRUST CONNAGUHT ROAD
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HC-KAR NC: 2026:KHC:11502-DB WA No. 1174 of 2024 C/W WA No. 1200 of 2024
MILLER TANK BUND ROAD VASANTHNGAR BENGALURU – 560 001. REPRESENTED BY ITS PRESIDENT
…RESPONDENTS (BY SRI. ARUNA G S, HCGP FOR R1-R4;
SRI. GANAPATHI BHAT VAJRALLI, ADVOCATE FOR R11; SRI.
RAJATH H V, ADVOCATE FOR R9;
R5, R6, R7 & R10 ARE SERVED AND UNREPRESENTED;
NOTICE TO R8 & R9 ARE D/W)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS IN WP NO.24790/2022 ON THE FILE OF THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND SET ASIDE THE ORDER DATED 24/01/2023 PASSED IN WP NO.24790/2022 ON THE FILE OF THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND ETC.,
IN WA NO. 1200/2024
BETWEEN:
1. MS. MARIO ALPHONSE DYAS S/O R.S. DYAS AGED ABOUT 74 YEARS, THE SUMMIT, NO.27, SANKEY ROAD, HIGH GROUNDS, BENGALURU – 560 001. - 5 -
HC-KAR NC: 2026:KHC:11502-DB WA No. 1174 of 2024 C/W WA No. 1200 of 2024
REP. BY ITS GPA HOLDER MR. MANJUNATH J, S/O JKB SWAMY ...APPELLANT (BY SRI. S KALYAN BASAVARAJ, ADVOCATE)
AND:
1. JOINT DIRECTOR OF LAND RECORDS CITY SURVEY, SOUTH DIVISION, K.R.CIRCLE, BENGALURU – 560 002. 2. ENQUIRY OFFICER CITY SURVEY TEAM (2) K.R.CIRCLE, BENGALURU – 560 002. 3. SMT. KAMALA BAI EDUCATION TRUST CONNAUGHT ROAD, MILLER TANK BUND ROAD, VVASANTH NAGAR BENGALURU – 560 001. REPRESENTED BY ITS PRESIDENT
4. THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU – 560 020. 5. THE ASST. REVENUE OFFICER BRUHAT BANGALORE MAHANAGARA PALIKE, WARD NO.78,
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HC-KAR NC: 2026:KHC:11502-DB WA No. 1174 of 2024 C/W WA No. 1200 of 2024
VASANTH NAGAR BENGALURU – 560 052. 6. THE TAHSILDAR BENGALURU NORTH TALUK, BENGALURU – 560 001. ...RESPONDENTS (BY SRI. ARUNA G S, HCGP FOR R1, R2 & R6;
SRI. GANAPATHI BHAT VAJRALLI, ADVOCATE FOR R3 & R12; SRI.
K B MONESH KUMAR, ADVOCATE FOR R4 & R5;
BBMP IS SERVED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS IN WP NO.28521/2023 ON THE FILE OF THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND SET ASIDE THE ORDER DATED 09/07/2024 PASSED IN WP NO.28521/2023 ON THE FILE OF THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND ETC.,
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH
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HC-KAR NC: 2026:KHC:11502-DB WA No. 1174 of 2024 C/W WA No. 1200 of 2024
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
Writ Appeal No.1174/2024 has been filed impugning the
order dated 24.01.2023 passed by the learned Single Judge in Writ Petition No.24790/2022 preferred by the petitioner/ respondent No.11 herein. Writ Appeal No.1200/2024 has been filed impugning the
order dated 09.07.2024 passed by the learned Single Judge in Writ Petition No.28521/2023 preferred by the petitioner/appellant herein.
2. The learned counsel for the appellants submits that though they were parties before the writ court, but they were not served and the impugned judgment and order came to be passed without effecting service on them. 2(i) The next submission of the learned counsel for the appellants is that the observation of the learned Single Judge that the Joint Director of Land Records would not have the power to survey the property situated within the city limits of Bengaluru, may come in his way to get his property surveyed.
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HC-KAR NC: 2026:KHC:11502-DB WA No. 1174 of 2024 C/W WA No. 1200 of 2024
3. We are of the considered view that it is the City Survey Authorities which are the power to survey the properties situated within the limits of the Bangalore City and not the Joint Director of Land Records or any authorities under the Director of Land Records. If the appellants have title over the property and they want to get it surveyed, they should approach the City Survey Authorities, and not the Joint Director of Land Records. With this clarification, we dispose of both appeals. In view of the disposal of the appeals, pending I.As., do not survive for consideration and the same are disposed of.
Sd/- (D K SINGH) JUDGE
Sd/- (S RACHAIAH) JUDGE
BSS List No.: 1 Sl No.: 19