Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:19422 WP No. 5946 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 5946 OF 2026 (KLR-RR/SUR)
BETWEEN:
SRI ARJUN RAO S/O LATE VENKOB RAO, AGED ABOUT 65 YEARS, R/AT NO. 678, 3RD CROSS, SHIVAJI ROAD, KALYANGIRI NAGAR USMANIA BLOCK MYSORE-570019 REPRESENTED BY HIS GPA HOLDER SRI A.S.RAVI KUMAR, S/O SIDDALINGA SHETTY, AGED ABOUT 50 YEARS, R/AT NO.70/A, BLOCK M., 5TH MAIN, KUVEMPU NAGAR, MYSORE-560017 …PETITIONER (BY SRI. ANOOP HARANAHALLI., ADVOCATE) AND:
1.
STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIKAS SOUDHA, BANGALORE - 560 001.
REP. BY ITS PRINCIPAL SECRETARY
Digitally signed by JUANITA THEJESWINI Location: High Court Of Karnataka
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HC-KAR NC: 2026:KHC:19422 WP No. 5946 of 2026
2.
THE DEPUTY COMMISSIONER, MYSORE DISTRICT, MYSORE-570001.
3.
THE ASSISTANT COMMISSIONER, MYSORE SUB-DIVISION, MYSORE-570001.
4.
THE TAHSILDAR, MYSORE TALUK, MYSORE-570001.
5.
DEPUTY DIRECTOR OF PROJECT OFFICER CITY SURVEY NAZARABAD MYSORE-570001 …RESPONDENTS (BY SRI.V.SESHU., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 18.01.2025 BEARING NO.
L.N.D (KA) P. R. 334/2022-23 ISSUED BY THE TAHSILDAR, MYSORE (ANNEXURE-A) AND THE PROCEEDINGS DATED 21.06.2024 BEARING NO.L.N.D(KA)P.R.334/2022-23 (ANNEXURE-A1) AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER This is the third round of litigation at the hands of the petitioner.
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HC-KAR NC: 2026:KHC:19422 WP No. 5946 of 2026
2. Earlier the petitioner had filed a petition in W.P.No.2034/2008 seeking directions to the Revenue and Survey Settlement Authorities to effect pukka phodi of 5.00 Acres of land in Survey No.181 of Srirampura Village, Mysuru Taluk, Mysuru District and this Court disposed of the writ petition on 12.02.2008 directing the Tahsildar, Mysuru Taluk to effect pukka phodi within an outer limit of eight weeks from the date of receipt of a copy of the
order. However, the pukka phodi proceedings were not concluded. The petitioner once again filed a petition in W.P.No.19706/2022 and this Court by order dated 29.09.2022 disposed of the writ petition directing the petitioner to file online application for phodi and durasth. Further, the Tahsildar was also directed to consider the application and dispose of the same within a period of two months from the date of the filing of the application.
3. When the directions issued by this Court were not complied, the petitioner filed contempt petition in CCC No.40/2023. However, it was submitted before the Hon’ble
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HC-KAR NC: 2026:KHC:19422 WP No. 5946 of 2026
Division Bench that the directions issued by this Court could not be complied since the file relating to the case of the complainant was not traceable. The Tahsildar, Mysuru Taluk filed an Affidavit on 16.01.2024 stating that the case of the complainant will be processed by the Tahsildar as expeditiously as possible soon after, the Missing File Reconstruction Committee considers the same and necessary directions are issued. A query was also put by the Hon'ble Division Bench to the learned Government Advocate as to whether it is possible for the authorities to accept documents relating to the record of the case from the complainant to be put up before the Committee. Such a suggestion was accepted and accordingly, the contempt proceedings were
disposed of while directing the complainant to furnish whatever records he had with him in respect of the grant said to have been made in favour of the petitioner's father late Sri.Venkoba Rao. 4. Accordingly, learned Counsel for the petitioner submits that it is not disputed that the petitioner herein
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HC-KAR NC: 2026:KHC:19422 WP No. 5946 of 2026
furnished whatever information and documents he had in respect of the grant to the Tahsildar and the same has been acknowledged in the Affidavit filed by the Tahsildar, as found at Annexure ‘J’. Nevertheless, the Missing File Reconstruction Committee recorded its finding as found at Annexure ‘J1’. 5. During the course of these proceedings, this Court directed the respondent-authorities to furnish the original Saguvali Chit Issue Register and accordingly, the learned High Court Government Pleader placed before this Court the original Saguvali Chit Issue Register on 09.03.2026 and on verification, this Court found that the statement contained in the order passed by the Missing File Reconstruction Committee that the name of Sri.Venkoba Rao may have been inserted subsequently, was found unsustainable. The complete information regarding the date of the grant, order number and the date of issuance of the Saguvali Chit were clearly found in the original records. - 6 -
HC-KAR NC: 2026:KHC:19422 WP No. 5946 of 2026
6. That being the position, this Court should only express its anguish that the Committee for Building up Missing File has failed to do its duty in accordance with law. When on one scrutiny this Court was able to find the information regarding the grant made in favour of Sri.Venkoba Rao in the original Saguvali Chit Issue Register, it is simply not understandable as to how the Committee headed by the Deputy Commissioner has missed out on looking into the original records such as the original Saguvali Chit Issue Register. Since on verification, this Court has found the name of Sri Venkoba Rao entered in the original Saguvali Chit Issue Register and the information regarding the date of the grant, grant order etc., there was no need for the Committee to look any further. 7.
On the other hand, the observations made by the Committee that the name of Sri.Venkoba Rao was never entered in the Mutation Register and the name of the petitioner was directly entered in terms of M.R.No.2/2005-
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HC-KAR NC: 2026:KHC:19422 WP No. 5946 of 2026
2006 and therefore, the claim of the petitioner becomes doubtful, is required to be brushed aside as unsustainable. 8. This Court having perused the original Saguvali Chit Issue Register and having found the information regarding the grant made in favour of Sri.Venkoba Rao, there is no need for any further enquiry into the matter. 9. Consequently, the writ petition is allowed. The impugned endorsement dated 18.01.2025 at Annexure ‘A’ and the proceedings dated 21.06.2024 in L.N.D (Ka) P. R. 334/2022-23 at Annexure-A1 issued by the respondent- Tahsildar, Mysuru, are hereby quashed and set aside. A writ of mandamus is hereby issued directing respondent No.4-Tahsildar, Mysuru Taluk and respondent No.5-Deputy Director of Project Officer, City Survey, Mysuru to proceed to conduct the phodi and durasth of the lands in question and conclude the same as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. - 8 -
HC-KAR NC: 2026:KHC:19422 WP No. 5946 of 2026
Ordered accordingly. Pending Interlocutory Application(s), if any, stand
disposed of.
Sd/- (R DEVDAS)
JUDGE
DL/JT CT: JL