- 1 - HC-KAR NC: 2026:KHC:29160 WP No. 27096 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 27096 OF 2023 (KLR-RES) BETWEEN: SRI.G. MALLIKARJUNA S/O LATE GANGARAMAIAH AGED ABOUT 50 YEARS R/AT KARIMANNE VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT - 562 111 …PETITIONER (BY SRI. KUMBAR VASANT FAKEERAPPA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S OFFICE BUILDING DR B R AMBEDKAR VEEDHI BENGALURU - 560001 REP. BY ITS PRINCIPAL SECRETARY 2. THE REGIONAL JOINT DIRECTOR OF LAND RECORDS BENGALURU DIVISION, K R CIRCLE BENGALURU - 560 001 3. THE TALUK SURVEYOR NELAMANGALA TALUK Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29160 WP No. 27096 of 2023 NELAMANGALA 562 123 BENGALURU RURAL DISTRICT 4. THE ASSISTANT DIRECTOR OF LAND RECORDS NELAMANGALA TALUK NELAMANGALA 562 123 BENGALURU RURAL DISTRICT 5. THE TAHASILDAR NELAMANGAL TALUK MINI VIDHANASOUDHA NELAMANGALA TOWN 562 123 BENGALURU RURAL DISTRICT 6. SRI K G SIDDAGANAGAIAH S/O LATE GARDUAPPA AGED ABOUT 65 YEARS RESIDING AT TATTEKERE VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT 562 111 7. SRI MANJUNATH ALIAS MADHUMAYANANDA BALA YOGI SWAMY AGED ABOUT 60 YEARS R/AT SHANKAR NILAYA SRINAGARA, 6TH CROSS DEVARAYAPATNA POST TUMAKURU - 572 104 8. SRI. SIDDARAJU S/O LATE K S LINGANNA AGED ABOUT 52 YEARS R/AT SHANKAR NILAYA SRINAGARA, 6TH CROSS DEVARAYAPATNA POST TUMAKURU - 572 104 - 3 - HC-KAR NC: 2026:KHC:29160 WP No. 27096 of 2023 9. SRI SAMPATH SUNDAR KUMAR S/O LATE K S LINGANNA AGED ABOUT 55 YEARS R/AT SRI SHANKARESHWARA KRUPA DEVARAYAPATNA POST SRINAGAR TUMAKURU 572 104 …RESPONDENTS (BY SRI. SPOORTHY HEGDE.N., HCGP FOR R1 TO R5 SRI. PRAKASH M.H., ADVOCATE FOR R6 V/O DT. 16.06.2025 NOTICE TO R7 IS D/W R8 & & R9 SERVED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY RESPONDENT NO.2 IN 41/2022-23 DATED 10/10/2023, VIDE AT ANNEXURE-K AND GRANT AN INTERIM ORDER TO STAY THE OPERATION OF ORDER PASSED BY THE RESPONDENT NO.2 IN 41/2022-23 DATED 10/10/2023, VIDE AT ANNEXURE-K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 10.10.2023 (Annexure-K) issued by the respondent No.2 - Regional Joint Director of Land Records. - 4 - HC-KAR NC: 2026:KHC:29160 WP No. 27096 of 2023 2. Heard Sri V.F.Kumbar, learned counsel appearing for the petitioner and Sri Spoorthy Hegde.N, learned High Court Government Pleader for respondent Nos.1 to 5 and Sri M.H.Prakash, learned counsel appearing for respondent No.6. 3. It is contended by the learned counsel appearing for the petitioner that the vendor of the petitioner herein was a grantee of the land along with respondent No.6, wherein the original land bearing Survey No.71 of Tattekere Village, Sompura Hobli, Nelamangala Taluk, was granted in favour of the grantees by the respondent authorities. It is also contended by the learned counsel appearing for the petitioner by referring to the impugned order at Annexure-K, wherein the said authority has partly allowed the revision petition filed by the respondent No.6. In the order nothing is stated as far as the new Survey No.90, which is likely to overlap with the land belonging to the petitioner and therefore sought for interference of this matter. - 5 - HC-KAR NC: 2026:KHC:29160 WP No. 27096 of 2023 4. Per contra, Sri M.H.Prakash, learned counsel for the respondent No.6 invited the attention of the Court to the order dated 10.10.2023, wherein on 06.04.2011, the respondent No.6 herein has not been served before conducting durasth in the subject land and therefore, submitted that the said discrepancy has occurred at the instance of the petitioner herein and therefore sought for dismissal of the petition. 5. The learned High Court Government Pleader appearing for the respondent - State sought to justify the impugned order. 6. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute that the land bearing Survey No.71 of Tattekere Village of Nelamangala Taluk was granted in favour of the vendor of the petitioner and the respondent No.6 together. However, during 2011 the old Survey No.71 insofar as the petitioner is concerned was re-numbered as Survey - 6 - HC-KAR NC: 2026:KHC:29160 WP No. 27096 of 2023 No.103. Simultaneously, the land bearing Survey No.71 which was granted in favour of respondent No.6 was re- numbered as Survey No.90. 7. In that view of the matter, taking into consideration the fact that there is overlapping of the land of the petitioner as well as the respondent No.6 in Old Survey No.71, I find force in the submissions made by the learned counsel appearing for the petitioner that it is imperative to conduct re-survey, durasth and phodi in respect of the land in question namely old Survey No.71, which has been granted in favour of the vendor of the petitioner herein as well as the respondent No.6. The said exercise has to be conducted by the respondent Nos.3 to 5 at the earliest, within a period of six months from the date of receipt of copy of this order. 8. Accordingly, the writ petition is allowed as the matter is remitted to the respondent Nos.3 to 5. The impugned order at Annexure-K dated 10.10.2023 is - 7 - HC-KAR NC: 2026:KHC:29160 WP No. 27096 of 2023 hereby set aside, in the light of the observations made above to conduct a re-survey in respect of the land belonging to the petitioner as well as respondent No.6. Sd/- (E.S.INDIRESH) JUDGE KLY List No.: 1 Sl No.: 61