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2026 DAILYLAW 25530 (KAR)

SMT.MAHADEVAMMA v. THE STATE OF KARNATAKA

WP/33788/2025 · 2026-06-29

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32019 WP NO.33788 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.33788 OF 2025 (KLR-RR/SUR) BETWEEN: SMT. MAHADEVAMMA W/O LATE MUDDUMAREGOWDA, AGED ABOUT 82 YEARS, R/AT NO.1299/921, H.M. DODDI, S.L.N. ROAD, KANAKAPRUA TOWN BENGALURU SOUTH DISTRICT - 562 117. …PETITIONER (BY SRI. SHANKAR H.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU - 560 001. 2. THE TAHASILDAR KANAKAPURA TALUK, KANAKAPURA - 562 117. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS KANAKAPURA TALUK, KANAKAPURA - 562 117. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 17TH OCTOBER, 2025 ISSUED BY THE RESPONDENT NO.2-TAHASILDAR, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32019 WP NO.33788 OF 2025 KANAKAPURA TALUK, BENGALURU SOUTH DISTRICT VIDE ANNEXURE-G; DIRECT THE RESPONDENTS TO CONDUCT PHODI AND DURASTHI PROCEEDINGS IN RESPECT OF THE LAND OF PETITIONER MEASURING 20 GUNTAS IN SURVEY NO.784 OF KANAKAPURA VILLAGE, KASABA HOBLI, KANAKAPURA TALUK; 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 In this petition, the petitioner is challenging the Endorsement dated 17th October, 2025 (Annexure-G) issued by the respondent No.2-Tahsildar; inter alia sought for a direction to the respondents to conduct Phodi and Durasth proceedings in respect of the subject land. 2. Heard Sri. Shankar H.S., learned counsel appearing for the petitioner and Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents. 3. Sri. Shankar H.S., learned counsel appearing for the petitioner by inviting the attention of the Court to impugned Endorsement dated 17th October, 2025 (Annexure-G) contended that the respondent No.2-Tahsildar has taken note of the pending Regular Second Appeal Nos.2159 and 2160 of 2012 and rejected the application made by the petitioner for - 3 - HC-KAR NC: 2026:KHC:32019 WP NO.33788 OF 2025 conducting Phodi and Durasth, though the subject land in the aforesaid proceedings is not related to the petitioner. Accordingly, he sought for interference of this Court. 4. Per contra, Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents, by referring to the para wise remarks dated 17th February, 2026 submitted by the respondent No.2, submits that there is no impediment for the respondents to conduct Phodi and Durasth in respect of the schedule properties. 5. In the light of submission made by learned counsel appearing for the parties, as the learned High Court Government Pleader submits that there is no impediment for the respondents to conduct phodi in respect of the schedule properties, impugned endorsement issued by the respondent No.2, rejecting the application of the petitioner for conducting Phodi and Durasth is required to be quashed. 6. Accordingly, impugned Endorsement dated 17th October, 2025 (Annexure-G) issued by the respondent No.2- Tahsildar is hereby set-aside. The respondent No.3 is directed - 4 - HC-KAR NC: 2026:KHC:32019 WP NO.33788 OF 2025 to conduct Phodi and Durasth in respect of the subject land at the earliest. 7. It is made clear that, the petitioner is permitted to make an application through online, seeking Phodi and Durasth in respect of the subject land. If such an application is filed by the petitioner, the respondent No.3 shall consider the same as expeditiously as possible. with this observation, writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 19