- 1 - HC-KAR CNR: KAHC010662862024 NC: 2026:KHC:37947 WP No. 32371 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.32371 OF 2024 (LR-RES) BETWEEN: 1. SHIVANNA S/O. LATE. CHIKKANNA, AGED ABOUT 56 YEARS, R/AT JUNJAPPANAHATTI VILLAGE, DINDAVARA POST, J. G. HALLI HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT-577 598. …PETITIONER (BY SRI. SUNIL S. RAO, ADVOCATE FOR SRI. MANJUNATHA B.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, 3RD GATE, 5TH FLOOR, MS BUILDING, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010662862024 NC: 2026:KHC:37947 WP No. 32371 of 2024 DR.AMBEDKAR VEEDI, BENGALURU-560 001. 2. REGIONAL JOINT DIRECTOR OF LAND RECORDS, BENGALURU DIVISION, K.R. CIRCLE, BENGALURU-560 001. 3. THE TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER AND EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER, CHITRADURGA-577 501. 4. ASSISTANT DIRECTOR OF LAND RECORDS, HIRIYURU TALUK, TALUK OFFICE, HIRIYURU, CHITRADURGA DISTRICT-577 598. 5. THE THASILDAR, HIRIYUR TALUK, CHITRADURGA DISTRICT-577 598. 6. GOPI H.T., LICENSED SURVEYOR, TALUK OFFICE, HIRIYURU, CHITRADURGA DISTRICT-577 598. 7. CHITHANNA S/O. LATE. ERAJJA, AGED ABOUT 63 YEARS, - 3 - HC-KAR CNR: KAHC010662862024 NC: 2026:KHC:37947 WP No. 32371 of 2024 RESIDING AT JUNJAPPANAHATTI VILLAGE, DINDAVARA POST, J.G. HALLI HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT-577 598. 8. SANNERAPPA S/O. LATE. CHITHAJJA, AGED ABOUT 61 YEARS, R/AT LAYARADASARAHALLI VILLAGE DINDAVARA POST, J.G. HALLI HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT-577 598. 9. RAMANNA S/O. LATE CHITHAPPA, AGED ABOUT 73 YEARS SINCE DEAD, BY LRS: 9(a). KARIYAMMA W/O LATE RAMANNA AGED ABOUT 70 YEARS 9(b). CHITHAMMA D/O LATE RAMANNA AGED ABOUT 47 YEARS 9(c). JAYANNA S/O LATE RAMANNA AGED ABOUT 45 YEARS. - 4 - HC-KAR CNR: KAHC010662862024 NC: 2026:KHC:37947 WP No. 32371 of 2024 9(d). SHIVAMMA D/O LATE RAMANNA AGED ABOUT 43 YEARS. 9(e). BASAVARAJU S/O LATE RAMANNA AGED ABOUT 37 YEARS. 9(f). JAYAMMA D/O LATE RAMANNA AGED ABOUT 37 YEARS RESPONDENTS NO.9(a) TO 9(f) ARE R/O JUNJAPPANAHATTI VILLAGE DINDAVARA POST J.G. HALLI HOBLI HIRIYURU TALUK CHITRADURGA DISTRICT. 10. DODDACHITHAPPA S/O. LATE. BADAPPA, AGED ABOUT 55 YEARS. 11. KATTIRANGAPPA S/O. LATE BADAPPA AGED ABOUT 53 YEARS. 12. PURLALAPPA ALIAS PURYALAPPA S/O. LATE BADAPPA, AGED ABOUT 53 YEARS. - 5 - HC-KAR CNR: KAHC010662862024 NC: 2026:KHC:37947 WP No. 32371 of 2024 13. BADAPPA S/O. LATE BADAPPA, AGED ABOUT 51 YEARS. 14. CHITHANNA S/O. SANNACHITHAPPA, AGED ABOUT 43 YEARS. RESPONDENTS NO.9 TO 14 ARE R/OF JUNJAPPANAHATTI VILLAGE, DINDAVARA POST, J. G HALLI HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT-577 598. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R5; SRI. A. MADHUSUDHANA RAO, ADVOCATE FOR R8, R10, R12, R13 AND R14; R6, R7, R11 ARE SERVED ; V/O DATED 25.11.2025 NOTICE TO R9(a) TO R9(f) IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.08.2024 PASSED BY THE 2ND RESPONDENT IN CASE NO. PRAA.BHU.JAN.NI.REVISION (CHI) 18/2023-24 PRODUCED AT ANNEXURE-A; AND ETC. - 6 - HC-KAR CNR: KAHC010662862024 NC: 2026:KHC:37947 WP No. 32371 of 2024 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 1. The petitioner in this Writ Petition is assailing the order dated 05.08.2024 in case No. PRAA.BHU.JAN.NI.REVISION (CHI):18/2023-24 as per Annexure-A passed by the respondent No.2, and order dated 24.08.2022 in case No.SAM.BHU.SA.NI.MOJINI.C.R.108/2022-23 as per Annexure- B passed by the respondent No.4, inter alia, sought for a direction to respondent - authorities to conduct phodi in respect of the land in question based on the title deeds, revenue records in respect of the subject land as per the sale deeds at Annexure-D series and Annexure-F series. 2. Heard Sri. Sunil S. Rao, learned counsel appearing on behalf of Sri. Manjunatha B.B., learned counsel for the petitioner, Smt. B.P. Radha, learned Additional Government - 7 - HC-KAR CNR: KAHC010662862024 NC: 2026:KHC:37947 WP No. 32371 of 2024 Advocate for respondent Nos.1 to 5, Sri. A. Madhusudhana Rao, learned counsel appearing for respondent Nos.8, 10, 12, 13 and 14. 4. It is contended by the learned counsel appearing for the petitioner by referring to the village map produced at Annexure-G to the Writ Petition, that there is a discrepancy in so far as the survey numbers mentioned in the register maintained by the respondent - authorities. Referring to the same, it is contended that, it is not tallying with the village map produced at Annexure-G and accordingly, sought for interference of this Court. It is also argued by the learned counsel appearing for the petitioner that there is discrepancy in so far as Sy.No.16 and 17 of Layaradasarahalli Village, J.G. Halli Hobli, Hiriyuru Taluk and therefore, sought for interference of this Court by arguing that respondent No.2 has committed an error in ignoring the original map produced at Annexure-G in respect of the village concerned and there is no phodi conducted in so far as the land in question is concerned and accordingly, sought for interference of this Court. - 8 - HC-KAR CNR: KAHC010662862024 NC: 2026:KHC:37947 WP No. 32371 of 2024 5. Learned counsel appearing for the respondent Nos.8, 10, 12 to 14 argued on similar lines. 6. Per contra, learned Additional Government Advocate submitted that the map produced at Annexure-G varies with the original map which is situated in the office of respondent No.5 and accordingly, sought for dismissal of the Writ Petition and further submitted that respondent No.2, after considering the material on record has rightly arrived at the conclusion that the land bearing Sy.No.16/1 and 17/1 are with regard to the same khatedar and therefore, sought for dismissal of the Writ Petition. 7. In the light of the submissions made by the learned counsel appearing for the parties, on careful consideration of the village map produced by the petitioner at Annexure-G would indicate that the village map has been published on 13.09.1937. It is also forthcoming from the finding recorded by respondent No.2, particularly para 10(4) in the finding recorded at Annexure-A would indicate that the land in question bearing Sy.No.16/1 and 17/1 relate to the common khatedar/owner of the land in question. In that view of the - 9 - HC-KAR CNR: KAHC010662862024 NC: 2026:KHC:37947 WP No. 32371 of 2024 matter, taking into consideration that there is discrepancy in so far as allotting survey numbers to the land in question it is the duty of respondent No.2 to look into the original village map and thereafter make necessary changes if so required by providing fair opportunity of hearing to all the parties concerned. 8. In that view of the matter, as the said procedure has not been followed by the respondent No.2, matter requires to be reconsidered by respondent No.4 in the light of the observations made above. It is made clear that while conducting survey, phodi and durust of the land in question, it is the duty of respondent No.4 to look into the village map in respect of the subject land and thereafter conduct the procedure as contemplated under law. 9. In that view of the matter, I pass the following: ORDER (i) The Writ Petition is allowed. - 10 - HC-KAR CNR: KAHC010662862024 NC: 2026:KHC:37947 WP No. 32371 of 2024 (ii) The order dated 05.08.2024 in case No. PRAA.BHU.JAN.NI.REVISION (CHI):18/2023-24 as per Annexure-A passed by the respondent No.2, and the order dated 24.08.2022 in case No.SAM.BHU.SA.NI. MOJINI.C.R.108/2022-23 as per Annexure-B, passed by the respondent No.4, are hereby set aside. (iii) The matter is remitted to respondent No.4 to conduct re-survey / phodi in respect of the land in question based on the village map published as per Annexure-G. It is also open for respondent No.4 to call for relevant documents from the petitioner as well as private respondents to conduct phodi and durust in respect of the subject land, if so desires. The entire exercise shall be completed within six months, from the date of receipt of certified copy of this order. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 61