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2026 DAILYLAW 22471 (KAR)

SRI K SEETHARAMA SHETTY v. DEPUTY DIRECTOR OF LAND RECORDS

WP/29803/2024 · 2026-06-18

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:30033 WP NO.29803 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.29803 OF 2024 (KLR-RES) BETWEEN: SRI. K. SEETHARAMA SHETTY S/O LATE KRISHNAYYA SHETTY, AGED ABOUT 72 YEARS, R/O NO.223, A1, 5TH WARD KUNDAPURA, UDUPI DISTIRCT - 576 201. …PETITIONER (BY SRI. MANJUNATHA B., ADVOCATE) AND: 1. DEPUTY DIRECTOR OF LAND RECORDS SURVEY AND SETTLEMENT 'A' BLOCK, FIRST FLOOR RAJATADRI, MANIPAL, UDUPI DISTRICT - 576 104. 2. THE SURVEYOR SURVEY OFFICE, KUNDAPURA TOWN, KUNDAPURA - 576 201. 3. SRI. NAGARAJ S/O K. SEETARAMA AGED ABOUT 62 YEARS R/O GANESH NILAYA, THALLUR VILLAGE, KUNDAPURA - 576 201. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30033 WP NO.29803 OF 2024 4. GANESH K.N. S/O NAGARAJ AGED ABOUT 37 YEARS, R/O GANESH NILAYA, THALLUR VILLAGE, KUNDAPURA - 576 201. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 AND R2; SRI. N.S. SRIRAJ GOWDA, ADVOCATE FOR R3 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING NO. L.R.TNL(16)147/2024/E-172733 DATED 27TH SEPTEMBER, 2024 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-H WHICH IS CONTRARY TO THE FINDINGS IN JUDGEMENT IN ORIGINAL SUIT NO.8/2002 DATED 17TH MARCH 2008 AND JUDGEMENT IN REGULAR APPEAL NO.46/2009 DATED 15TH JULY, 2024 VIDE ANNEXURES 'A' AND 'E' RESPECTIVELY; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this petition, the petitioner is challenging the Endorsement bearing No.L.R.TNL(16)147/2024/E-172733 dated 27th September, 2024 (Annexure-H) issued by the respondent No.1 and Survey Notice dated 08th September 2024 (Annexure-K) issued by the respondent No.2; inter alia sought for direction to the respondents 1 and 2 for not proceeding further till the conclusion of pending civil proceedings. - 3 - HC-KAR NC: 2026:KHC:30033 WP NO.29803 OF 2024 2. Heard Sri. Manjunatha B., learned counsel appearing for the petitioner; Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents 1 and 2; and Sri. N. S. Sriraj Gowda, learned counsel appearing for respondents 3 to 4. 3. Having taken note of the submission made by learned counsel appearing for the parties, it is not in dispute that the Original Suit No.8 of 2002 is preferred before the competent Civil Court, seeking relief of mandatory injunction against the petitioner herein, which came to be dismissed and being aggrieved by the same, Regular First Appeal No.46 of 2009 was filed by the respondents 3 and 4 herein, which is also dismissed by the First Appellate Court. Thereafter, respondents 3 and 4 preferred Regular Second Appeal No.1508 of 2024 before this Court, which is pending consideration. 4. On perusal of the writ papers, it is forthcoming that the aforesaid Civil proceedings are pertaining to the relief of injunction preferred by respondents 3 and 4 against the petitioner, which requires adjudication by this Court in the Regular Second Appeal. On perusal of the averments made in - 4 - HC-KAR NC: 2026:KHC:30033 WP NO.29803 OF 2024 the impugned endorsement dated 27th September, 2024 (Annexure-H), the same would indicate that the grievance of the respondents 3 and 4 is with regard to fixing of boundaries in respect of the subject property bearing Survey No.149/5 of Kundapura Village, Kundapura Taluk. In that view of the matter, conducting survey and fixing boundary to the subject land is nothing to do with the proceedings before this Court in Regular Second Appeal No.1508 of 2024. Therefore, I do not find any merit in the writ petition. Accordingly, writ petition is dismissed. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 16