Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 20347 (KAR)

SRI MUNIRAJU v. STATE OF KARNATAKA

WP/15956/2026 · 2026-06-03

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:25936 WP No. 15956 of 2026 C/W WP No. 15532 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.15956 OF 2026 (KLR-RES) C/W WRIT PETITION NO.15532 OF 2026 (KLR-RES) IN WP No.15956/2026 BETWEEN: 1. SRI. MUNIRAJU S/O LATE GANGAPPA AGED ABOUT 63 YEARS, RESIDENT OF MUTHKUR VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK - 560067, BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. POOJITH PRASAD D., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, MS BUILDING, BENGALURU - 560 001. 2. THE TAHSILDAR, HOSAKOTE TALUK, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25936 WP No. 15956 of 2026 C/W WP No. 15532 of 2026 HOSAKOTE - 562114, BENGALURU RURAL DISTRICT. 3. ASSISTANT DIRECTOR OF LAND RECORDS, HOSAKOTE TALUK, HOSAKOTE - 562114, BENGALURU RURAL DISTRICT. 4. SMT.RUKKAMMA, W/O LATE VENKATARAMANAPPA, AGED ABOUT 83 YEARS, RESIDENT OF MUTHKUR VILLAGE, MEDIMALLASANDRA POST, HOSAKOTE TALUK - 560067 BENGALURU RURAL DISTRICT. 5. SRI. NELSON MANDELA M., S/O SRI. MUNIRAJU C., AGED ABOUT 29 YEARS, RESIDENT OF NO.119, KANASINA GOODU, MUTHKUR VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK - 560067 BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R3; SRI. BIPIN HEGDE, ADVOCATE FOR SRI. KARTHIK V., ADVOCATE FOR R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 03.08.2023, - 3 - HC-KAR NC: 2026:KHC:25936 WP No. 15956 of 2026 C/W WP No. 15532 of 2026 COPY OF WHICH IS PRODUCED AT ANNEXURE-E, AND CHANGE THE KHATA IN RESPECT OF GRANTED LAND AS PER SAGUVALI CHIT DATED 16.02.2019 A COPY OF WHICH IS PRODUCED AT ANNEXURE-A AND TILL THEN DIRECT THE RESPONDENTS TO MAINTAIN STATUS QUO IN RESPECT OF R S NO.207 (EARLIER SY.NO.132) MEASURING 1 ACRE 10 GUNTAS OF MUTHKUR VILLAGE. IN WP NO. 15532/2026 BETWEEN: 1. SRI. MUNIRAJU S/O GANGAPPA AGED ABOUT 63 YEARS RESIDENT OF MUTHKUR VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK - 560067 BENGALURU RURAL DISTRICT. ...PETITIONER (BY SRI. POOJITH PRASAD D., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, MS BUILDING, BENGALURU - 560 001. 2. THE TAHSILDAR, HOSAKOTE TALUK, HOSAKOTE, BENGALURU RURAL DISTRICT - 562 114. - 4 - HC-KAR NC: 2026:KHC:25936 WP No. 15956 of 2026 C/W WP No. 15532 of 2026 3. THE ASSISTANT DIRECTOR OF LAND RECORDS, HOSAKOTE, BENGALURU RURAL DISTRICT - 562 114. 4. THE SURVEYOR, OFFICE OF ADLR, HOSKOTE, HOSKOTE TALUK, BENGALURU RURAL DISTRICT 562 114. 5. SMT. RUKKAMMA, W/O LATE VENKATARAMANAPPA, AGED ABOUT 83 YEARS, RESIDENT OF MUTHKUR VILLAGE, MEDIMALLASANDRA POST, HOSAKOTE TALUK - 560067 BENGALURU RURAL DISTRICT. 6. SRI. NELSON MANDELA M., S/O SRI MUNIRAJU C., AGED ABOUT 29 YEARS, RESIDENT OF NO.119, 'KANASINA GOODU', MUTHKUR VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK - 560067 BENGALURU RURAL DISTRICT. ...RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R4 SRI. BIPIN HEGDE, ADVOCATE FOR SRI. KARTHIK V., ADVOCATE FOR R5 & R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE PHODI ORDER DATED 14.10.2024 - 5 - HC-KAR NC: 2026:KHC:25936 WP No. 15956 of 2026 C/W WP No. 15532 of 2026 s¸ÀASÉå:¨sÀƸÀ¤.(ºÉÆ)/r¦Dgï/49/2024-25 ISSUED BY THE SURVEYOR, OFFICE OF ADLR, HOSAKOTE, A COPY OF WHICH IS PRODUCED AT ANNEXURE-G; AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In W.P. No.15532 of 2026, Sri. Spoorthy Hegde N., learned High Court Government Pleader accepts notice for Respondent-State. Sri. Bipin Hegde, learned counsel appearing for Sri. Karthik V., learned counsel, accepts notice for Respondent Nos.5 and 6. 2. Heard Sri. Poojith Prasad D., learned counsel appearing for the petitioners, Sri. Bipin Hegde, learned counsel appearing on behalf of Sri. Karthik B. for private respondents, and Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for the respondent-State. - 6 - HC-KAR NC: 2026:KHC:25936 WP No. 15956 of 2026 C/W WP No. 15532 of 2026 3. In W.P. No.15956 of 2026, the petitioner has sought a direction to the respondent-authorities to consider the representation dated 03.08.2023 (Annexure–E), seeking change of khata in respect of the subject land. 4. In W.P. No.15532 of 2026, the petitioner has challenged the order dated 14.10.2024 passed by the respondent No.4 (Annexure–G), inter-alia, sought a direction to the respondents to remove the overlapping and redrawing the survey sketch in respect of the lands belonging to the petitioner and the contesting respondents. 5. Having heard the learned counsel appearing for the parties and upon perusal of the material on record, this Court is of the opinion that the principal grievance of the petitioner is with regard to the ascertainment and removal of the overlapping of the - 7 - HC-KAR NC: 2026:KHC:25936 WP No. 15956 of 2026 C/W WP No. 15532 of 2026 land in question vis-à-vis the lands of the contesting respondents. 6. Taking note of the findings recorded by the competent authority in the order at Annexure–G dated 14.10.2024, this Court is of the view that a fresh survey is required to be conducted by the respondent- authorities and thereafter, the boundaries of the respective lands are required to be fixed in accordance with law. 7. Accordingly, Respondent No.3 in W.P. No.15532 of 2026, namely the Assistant Director of Land Records (ADLR), Hosakote, Bengaluru Rural District, is directed to conduct a survey and to fix the boundaries in respect of the subject land in the presence of the petitioners as well as the contesting respondents on 29.06.2026 at 11.00 a.m. - 8 - HC-KAR NC: 2026:KHC:25936 WP No. 15956 of 2026 C/W WP No. 15532 of 2026 8. It is made clear that all parties are represented through their respective learned counsel before this Court and therefore no separate notice is required to be issued to the parties. The ADLR, Hosakote, shall conduct the survey and fix the boundaries after taking into consideration all relevant revenue records and other material documents, strictly in accordance with law. 9. The outcome of such survey shall be taken into consideration by the respondent-authorities while considering the petitioner's request for change of khata in W.P. No.15956 of 2026. With these observations, both the writ petitions stand disposed of. SD/- (E.S.INDIRESH) JUDGE SB: List No.: 1 Sl No.: 10