Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32470 WP No. 4049 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.4049 OF 2023 (KLR-RES)
BETWEEN:
1. VENKATASWAMY, S/O LATE CHIKKAMUNIYAPPA, AGED 68 YEARS,
2. NARAYANASWAMY, S/O LATE CHIKKAMUNIYAPPA, AGED 63 YEARS,
BOTH ARE RESIDING AT CHIKKADASARAHALLI, SARAJAPURA HOBLI, ANEKAL TALUK - 562 125, BENGALURU URBAN DISTRICT. …PETITIONERS
(BY SRI. B.RAMESH, ADVOCATE)
AND:
1.
STATE OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, DR. B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001.
REP. BY ITS SECRETARY.
2.
JOINT DIRECTOR OF LAND RECORDS, DEPUTY COMMISSIONER OFFICER,
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:32470 WP No. 4049 of 2023
BENGALURU URBAN DISTRICT, BENGALURU - 560 009.
3.
ASSISTANT DIRECTOR OF LAND RECORDS, ANEKAL TALUK, ANEKAL - 562 106, BENGALURU URBAN DISTRICT.
4. D.S.NARAYANASWAMY, S/O LATE DODDASAMPANGAPPA, AGED 69 YEARS, R/A CHIKKADASARAHALLI, SARAJAPURA HOBLI, ANEKAL TALUK - 562 125, BENGALURU URBAN DISTRICT.
5.
SHARATH BABU, S/O R.SOMASHEKAR REDDY, MAJOR IN AGE, R/A NO.461, 4TH CROSS, 16TH MAIN, 3RD BLOCK, KORAMANGALA, BENGALURU - 560 034. …RESPONDENTS
(BY SMT.B.P.RADHA, AGA FOR R1 TO R3;
SRI.N.V.SUBBA REDDY, ADVOCATE FOR R4 AND R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ORDER DATED 02.01.2019 BEARING SUM.BHU.JUM.NE/APPEAL 132/2017-18 PASSED BY THE R2 WHICH IS PRODUCED AND MARKED AS ANNEXURE - J AND ETC.,
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
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HC-KAR NC: 2026:KHC:32470 WP No. 4049 of 2023
ORAL ORDER
Heard the learned counsel appearing for the parties.
2. In this writ petition, petitioners are assailing the
order dated 02.01.2019 (Annexure-J) passed by respondent No.2.
3. Having heard the learned counsel appearing for the parties and on careful examination of the finding recorded by respondent No.2 at Annexure-J would indicate that as there is discrepancy in respect of the survey numbers between the petitioners and respondent Nos.4 and 5 and as such, respondent No.2 has remanded the matter to respondent No.3 to conduct phodi and durasth afresh after affording opportunity of hearing to both the sides by examining the title deeds as well as the possession, held by the parties.
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HC-KAR NC: 2026:KHC:32470 WP No. 4049 of 2023
4. In that view of the matter, I am of the view that no interference is called for in this petition as the matter has been remanded to respondent No.3 to conduct the fresh phodi based on the original records submitted by both the parties.
5. In that view of the matter, respondent No.3 and the jurisdictional Tahsildar are directed to implement the
order dated 02.01.2019 (Annexure-J) passed by respondent No.2 after affording opportunity of hearing to both sides. Since, the impugned order passed by respondent No.2 is of the year 2019 and therefore, as the parties are represented through their learned counsels, parties are directed to co-operate for the early phodi and durasth in respect of the land in question and to conduct the joint survey.
6. The respondents are directed to, conduct the joint survey in the presence of the petitioners and the private respondents herein, on 10.08.2026 at 11.00 a.m.
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HC-KAR NC: 2026:KHC:32470 WP No. 4049 of 2023
Till the conclusion of the entire proceedings by respondent No.3, and jurisdictional Tahsildar, interim order dated 01.03.2023 shall enure to the benefit of the petitioners herein.
Sd/- (E.S.INDIRESH) JUDGE
PB List No.: 1 Sl No.: 42