- 1 - HC-KAR CNR: KAHC010486042025 NC: 2026:KHC:38293 WP No. 22308 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.22308 OF 2025 (KLR-RES) BETWEEN: 1. SRI. CHAKRAPANI .H.V S/O LATE VENKAPPAYYA .H.V AGED ABOUT 74 YEARS R/AT KADEGADDE, TALAMAKKI VILLAGE KADUREGUNDI POST, KASABA HOBLI KOPPA TALUK CHIKKAMAGALKURU DISTRICT-577 101. REPRESENTED BY HIS GPA HOLDER SRI. RAGHAVENDRA KARANTH S/O SRI. CHAKRAPANI .H.V AGED ABOUT 42 YEARS R/AT KADEGADDE, TALAMAKKI VILLAGE KADUREGUNDI POST, KASABA HOBLI KOPPA TALUK CHIKKAMAGALKURU DISTRICT-577 101. 2. SMT. PREMALATHA S. HEGDE W/O SATISHCHANDRA HEGDE AGED ABOUT 48 YEARS R/AT PONNI PLANTATIONS SIDDARBANA ESTATE TALMAKKI VILLAGE, KADUREGUNDI POST KASABA HOBLI, KOPPA TALUK CHIKKAMAGALURU DISTRICT-577 101. 3. SMT. BANUTHEJA AJILA D/O LATE YELLAPPA AJILA AGED ABOUT 58 YEARS Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010486042025 NC: 2026:KHC:38293 WP No. 22308 of 2025 R/AT ARDAK ESTATE, KUDUREGUNDI VILLAGE KUDUREUNDI POST KASABA HOBLI, KOPPA TALUK CHIKKAMAGALURU DISTRICT-577101. 4. SRI. H.S SREE GANESH S/O. V. SUBBA RAO AGED ABOUT 49 YEARS R/AT. KADEGADDE, TALMAKKI VILLAGE KUDEREGUNDI POST, KASABA HOBLI KOPPA TALUK, CHIKKAMAGALURU-577 101. …PETITIONERS (BY SRI. ARUNA SHYAM, SENIOR ADVOCATE FOR SRI. SUYOG HERELE .E, ADVOCATE) AND: 1. THE JOINT DIRECTOR OF REGIONAL LAND RECORDS MYSORE DIVISION, MYSORE-570001. 2. THE DEPUTY DIRECTOR OF LAND RECORDS CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577 101. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS AND TAHASHILDAR KOPPA TALUK, KOPPA-577 126. 4. SMT. SHYLINI AJILA D/O LATE YELLAPPA AJILA AGED ABOUT 55 YEARS R/O. ARDAK ESTATE KUDUREGUNDI VILLAGE KUDUREGUNDI POST KASABA HOBALI - 3 - HC-KAR CNR: KAHC010486042025 NC: 2026:KHC:38293 WP No. 22308 of 2025 KOPPA TALUK CHIKKAMAGALURU DISTRICT-577 101. …RESPONDENTS (BY SRI. SPOORTHY HEGDE .N, HCGP FOR R1 TO R3; SERVICE FOR NOTICE TO R4 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE JOINT DIRECTOR OF MYSORE-RESPONDENT NO.1 DATED 18-04-2024 IN REVISION APPEAL NO. BHU.JAMNI.RI.PI:219/2023-24 (PRODUCED AT ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned counsel for the petitioners has filed a memo dated 01.07.2026 stating that hand summons has been served on respondent No.4 and an acknowledgement for having served notice is also produced. 2. In that view of the matter, service of notice to respondent No.4 is held sufficient. 3. In this petition, the petitioners are assailing the order dated 18.04.2024 in Revision Appeal - 4 - HC-KAR CNR: KAHC010486042025 NC: 2026:KHC:38293 WP No. 22308 of 2025 No.219/2023-24 (Annexure-A) issued by respondent No.1, inter-alia, sought for direction to respondent Nos.1 to 3 to conduct phodi and durast in respect of the schedule property afresh by issuing notice to all the parties are concerned. 4. Heard Sri.Aruna Shyam, learned Senior Counsel appearing on behalf of Sri.Suyog Herele E, learned counsel appearing for the petitioners and Sri.Spoorthy Hegde N, learned HCGP for respondent Nos.1 to 3. 5. Sri.Aruna Shyam, learned Senior Counsel appearing on behalf of Sri.Suyog Herele E, learned counsel appearing for the petitioners refers to the findings recorded by respondent No.1 at Annexure-A and submitted that respondent No.4 herein has also consented for cancellation of the earlier phodi made in respect of the subject land. Despite the said fact, the respondent - Authorities have arrived at the conclusion that the request - 5 - HC-KAR CNR: KAHC010486042025 NC: 2026:KHC:38293 WP No. 22308 of 2025 for cancellation was made after 43 years and therefore, sought for interference of this Court. 6. Sri.Spoorthy Hegde N, learned HCGP sought to justify the impugned order. 7. It is forthcoming from the records that the hand summons issued to respondent No.4 has been received by respondent No.4 on 18.08.2025. Taking into consideration the arguments advanced by the learned counsel appearing for the petitioners and on careful consideration of the findings recorded by respondent No.1 in the impugned order at Annexure-A, it would indicate that respondent Nos.3 to 6 therein had appeared before the Authority on 16.03.2024. The respondent Nos.3 to 6 therein including the petitioners herein had consented for cancellation of the earlier phodi on the ground that there was a discrepancy in respect of the physical possession of the land in question as well as phodi made therein and - 6 - HC-KAR CNR: KAHC010486042025 NC: 2026:KHC:38293 WP No. 22308 of 2025 therefore, I find force in the submission made by the learned Senior Counsel appearing for the petitioners. 8. Accordingly, I pass the following; ORDER (i) The writ petition is allowed. (ii) The order dated 18.04.2024 (Annexure-A) passed by respondent No.1 is, accordingly, set-aside and the matter is remitted to respondent No.3 - The Assistant Director of Land Records to conduct fresh phodi in respect of the land in question after affording opportunity of hearing to all the parties concerned by issuing notice and take decision in the matter in accordance with law, within a period of 6 months from the date of receipt of this order. SD/- (E.S.INDIRESH) JUDGE NBM List No.: 1 Sl No.: 7