Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:13480 WP No. 6472 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 6472 OF 2026 (KLR-RES)
BETWEEN:
1.
MR. PRAKASH RAPHAEL GOMES S/O. LATE. NICHOLAS GOMES, AGED ABOUT 64 YEARS, RESIDING AT NO. 1-17-1191, LADY HILL NEAR URVA CHURCH, ASHOK NAGAR, MANGALORE D.K. DISTRICT - 575 006.
2.
MR. RONALD ISAC GOMES S/O. NICHOLAS GOMES AGED ABOUT 69 YEARS, RESIDING AT NO. 502, TIARA, ALVARES ROAD, KADRI, KANAKANADY POST, MANGALORE, D.K. DISTRICT. PIN-575002. …PETITIONERS (BY SRI. G. RAVISHANKAR SHASTRY., ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF REVENUE M.S. BUILDING, DR. B.R. AMBEDKAR ROAD, BENGALURU -560 001.
Digitally signed by YASHODA K L Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:13480 WP No. 6472 of 2026
2.
ASSISTANT DIRECTOR OF LAND RECORDS DEPARTMENT OF SURVEY BANTWAL TALUK, D.K. DISTRICT -574 219.
3. THASILDAR, BANTWAL TALUK, BANTWAL, D.K. DISTRICT. PIN-574219. …RESPONDENTS (BY SRI.V. SESHU., HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 AND 3 TO CONDUCT PHODI WORK AND TO ISSUE 11E SKETCH IN RESPECT OF LAND IN SY NO. 74/1 MEASURING 2-37 ACRES SITUATED AT AMTADY VILLAGE OF BANTWAL TALUK, D.K. DISTRICT BY CONSIDERING THE APPLICATION NO. 24021025256051 DATED 27-10-2025 COPY OF WHICH IS PRODUCED AT ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER The grievance of the petitioner is that for the third time on an application online being made by the petitioners, the respondent - Assistant Director of Land Records, Bantwal Taluk has not conducted the phodi.
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HC-KAR NC: 2026:KHC:13480 WP No. 6472 of 2026
2. On the previous occasion, this Court had
directed the learned High Court Government Pleader to secure instructions as to why the online application filed by the petitioner on 27.10.2025 has not been considered and why phodi exercise is not undertaken.
3. Today, the learned High Court Government Pleader has filed a memo along a with communication dated 05.03.2026 made by the respondent – Assistant Director of Land Records, Bantwal, annexing a copy signed by the petitioner No.1. Learned High Court Government Pleader submits that there were objections raised by the neighbours and the petitioner No.1 himself has signed the report that he does not press the application.
4. However, learned counsel for the petitioner draws the attention of this court to the provisions contained in Rules 51 to 55 of the Karnataka Land Revenue Rules, 1966 and submits that even if there are objections or disputes raised by any person, the provisions
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HC-KAR NC: 2026:KHC:13480 WP No. 6472 of 2026
are made to be followed and to decide the disputes. It is not permissible for the Assistant Director of Land Records to close the application without considering the disputes. The learned counsel would further draw the attention of this court to Annexure-D, which is a representation given by the petitioners on 31.12.2025, subsequent to the report as found in the memo which is dated 20.11.2025. The learned counsel would therefore submit that a wrong impression was probably given to the petitioners when the Assistant Director of Land Records took their signatures in document, which is filed along with the memo.
5. Consequently, the writ petition is partly allowed. The 2nd respondent - Assistant Director of Land Records, Bantwal Taluk, is hereby directed to reconsider the application filed by the petitioner on 27.10.2025. Issue notice to all concerned and thereafter proceed in terms of the Rules as stated hereinabove and decide disputes if any and proceed to conduct the phodi in accordance with law. The entire exercise shall be completed as expeditiously as
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HC-KAR NC: 2026:KHC:13480 WP No. 6472 of 2026
possible and at any rate within a period of two months from the date of receipt of a copy of this order. Ordered accordingly.
Sd/- (R DEVDAS) JUDGE
KLY