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2026 DAILYLAW 20075 (KAR)

SRI. MAYIGAIAH v. THE STATE OF KARNATAKA

WP/16061/2026 · 2026-06-10

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27715 WP NO.16061 OF 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.16061 OF 2026 (KLR-RES) BETWEEN: 1. SRI. MAYIGAIAH S/O LATE MARIGOWDA, AGED ABOUT 73 YEARS, R/AT DUNDANAHALLI, MADDUR TALUK, MANDYA - 571 429. 2. SRI. CHOWDAIYA S/O LATE MARIGOWDA, AGED ABOUT 78 YEARS, R/AT DUNDANAHALLI, MADDUR TALUK, MANDYA - 571 429. …PETITIONERS (BY SMT. PRIYANKA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001. 2. JONT DIRECTOR OF REGIONAL LAND RECORDS MYSURR DIVISION, MYSURU - 570 004. 3. ASSISTANT DIRECTOR OF LAND RECORDS MADDUR TALUK, MADDUR - 571 428. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27715 WP NO.16061 OF 2026 4. DEPUTY DIRECTOR OF LAND RECORDS MANDYA DISTRICT, MANDYA - 571 401. 5. THE TAHSILDAR MADDUR TALUK MADDUR - 571 428. 6. SMT. VINODA W/O LATE NINGEGOWDA @ NATHA, AGED ABOUT 45 YEARS. 7. SMT. SAHANA D.N. D/O LATE NINGEGOWDA @ NATHA W/O CHETHAN, AGED ABOUT 25 YEARS, R/O BOMMANAYAKANAHALLI VILLAGE, MALUR HOBLI, CHANNPATNA TALUK, RAMANAGARA DISTRICT - 562 108. 8. SACHIN D.N. D/O LATE NINGEGOWDA @ NATHA AGED ABOUT 23 YEARS. 9. CHOWDAIAH S/O CHIKKAMARI AGED ABOUT 60 YEARS. 10. BOMMALINGAYYA S/O MARILINGAIYYA, AGED ABOUT 46 YEARS. RESPONDENTS 6 AND 8 TO 10 ARE R/AT DUNDANAHALLI, ATHAGURU HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 476. …RESPONDENTS (BY SRI. B.J. ESWARAPPA, AGA FOR R1 TO R5; SRI. G.M. ANANDA, ADVOCATE FOR R10) - 3 - HC-KAR NC: 2026:KHC:27715 WP NO.16061 OF 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 27TH APRIL, 2026 PASSED BY THE RESPONDENT NO.2 IN CASE NO.REV/341/2025 VIDE ANNEXURE-A; RESTRAIN THE RESPONDENTS FROM CONDUCTING FRESH SURVEY/PODI PROCEEDINGS PURSUANT TO THE ORDER DATED 27TH APRIL, 2026 PASSED BY THE RESPONDENT NO.2 IN CASE NO.REV/341/2025 VIDE ANNEXURE-A; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Sri. B.J. Eswarappa, learned Additional Government Advocate accepts notice for respondents 1 to 5. 2. In this petition, petitioners are challenging the order dated 27th April, 2026 (Annexure-A) passed by the respondent No.2 in Case No.REV/341/2025; inter alia sought for restraining the respondents from conducting fresh survey/podi proceedings in respect of the subject land. 3. Heard Smt. Priyanka K., learned counsel appearing for petitioners; Sri. B.J. Eswarappa, learned counsel appearing for respondents 1 to 5; and Sri. G.M. Ananda, learned counsel appearing for caveator/respondent No.10. - 4 - HC-KAR NC: 2026:KHC:27715 WP NO.16061 OF 2026 4. Smt. Priyanka K., learned counsel appearing for petitioners argued that the notice has been served to the contesting respondent herein and therefore, remanding the matter to the respondent No.3 at this juncture does not arise at all. Accordingly, she sought for interference of this Court. 5. Per contra, Sri. G.M. Ananda, learned counsel appearing for the respondent No.10 opposed the petition stating that the fair opportunity has not been extended to the respondent No.10 while conducting survey. Accordingly, he sought for dismissal of the petition. 6. Sri. B.J. Eswarappa, learned Additional Government Advocate appearing for respondents 1 to 5 sought to justify the impugned order passed by the respondent No.2. 7. In the light for submission made by learned counsel appearing for the parties, on careful consideration of the finding recorded by the respondent No.2, it is forthcoming that the notice has been issued to respondent No.10, however the same has been refused. Though the respondent No.10 refused to accept the notice, in order to avoid overlapping of the land during the survey proceedings, the order passed by the - 5 - HC-KAR NC: 2026:KHC:27715 WP NO.16061 OF 2026 respondent No.2, remanding the matter to the respondent No.3 is just and proper. In that view of the matter, as the respondent No.2 has remitted the matter to the respondent No.3 on 27th April, 2026, the respondent No.3 shall complete the entire survey/podi proceedings of the subject land within a period of six months from the date of receipt of this order, after providing an opportunity to all the parties concerned. With this observation, writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 22