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2026 DAILYLAW 38785 (KAR)

SRI APPAYANNA v. THE STATE OF KARNATAKA

WP/19104/2026 · 2026-09-03

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010423642026 NC: 2026:KHC:48125 WP No. 19104 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.19104 OF 2026 (KLR-RES) BETWEEN: 1. SRI. APPAYANNA S/O LATE CHIKKANNA AGE ABOUT 68 YEARS R/A NO.5949/6 SRI. LAKSHMI NILAYLA, 1ST CROSS, PATEL CHANNAPPA LAYOUT, NEAR KIDS INTERNATIONAL SCHOOL, NELAMANGALA, BENGALURU RURAL DISTRICT, BEGNALURU – 562123. 2. SRI. K. NAGARAJ S/O LATE CHIKKANNA AFGE ABOUT 66 YEARS R/A NO 6941, 1ST CROSS SHIVAJI NAGARA BHAGAVANTHA RAO LAYOUT, NELAMANGALA,BANGALORE RURAL DISTRICT BENGALURU – 562 123. …PETITIONERS (BY SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010423642026 NC: 2026:KHC:48125 WP No. 19104 of 2026 DEPARTMENT OF REVENUE, VIKASA SOUDHA, DR. B.R. AMBEDKAR ROAD, BENGALURU - 560 001. 2. THE JOINT DIRECTOR OF LAND RECORDS ATTACHED TO OFFICE OF THE DEPUTY COMMISSIONER BENGALURU - 560 001. 3. THE DEPUTY DIRECTOR OF LAND RECORDS AND SURVEY SETTLEMENT BANGALORE URBAN DISTRICT, KANDAYA BHAVANA, 1ST FLOOR, K.G. ROAD, BENGALURU - 560001. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS AND SURVEY SETTLEMENT KANDAYA BHAVANA, 1ST FLOOR, K.G. ROAD, BANGALORE NORTH TALUK, BENGALURU - 560 001. 5. THE TAHSILDAR BANGALORE URBAN DISTRICT, BENGALURU - 560 001. 6. THE TALUK SURVEYOR ATTACHED TO THE OFFICE OF THE TAHSILDAR, BANGALORE NORTH TALUK BENGALURU - 560 001. 7. SRI. B.R. PRAKASH - 3 - HC-KAR CNR: KAHC010423642026 NC: 2026:KHC:48125 WP No. 19104 of 2026 S/O. B. RANGASWAMAYYA, AGED ABOUT 48 YEARS, R/AT HOUSE NO.51, 3RD CROSS, GANAPATHINAGAR, LAGGERE, PEENYA 3RD STAGE, BENGALURU - 560 058. N.G. GOVINDAIAH (SINCE DECEASED), REPT. BY HIS LEGAL REPRESENTATIVES 8. SMT. GNANGALAKSHMAMMA, WIDOW, W/O. LATE N.G. GOVINDAIAH AGED: MAJOR RESIDING AT NAGARURU VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, NELAMANGALA, BENGALURU-562123. 9. SRI. N.G. LAKSHMINARAYANA S/O. LATE N.G.GOVINDAIAH AGED MAJOR. 10. MASTER CHANDAN GOWDA N.L. S/O. N.G. LAKSHMINARAYANA (MINOR), RESPONDENT NO.9 BEING NATURAL GUARDIAN FOR RESPONDENT NO.10. 11. SRI. N.G. GANGARAJU, S/O. LATE N.G.GOVINDAIAH AGED : MAJOR RESIDING AT NAGARURU VILLAGE, - 4 - HC-KAR CNR: KAHC010423642026 NC: 2026:KHC:48125 WP No. 19104 of 2026 DASANAPURA HOBLI, BANGALORE NORTH TALUK, NELAMANGALA, BENGALURU-562123. 12. SRI. LIKITH GOWDA G. S/O. N.G.GANGARAJU AGED MAJOR RESIDING AT NAGARURU VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, NELAMANGALA, BENGALURU-562123. 13. SRI. SRINIVAS N.G. S/O. LATE N.G.GOVINDAIAH AGED : MAJOR RESIDING AT NAGARURU VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, NELAMANGALA, BENGALURU-562123. 14. KUMARI S. DISHA D/O SRINIVAS N.G. AGED: MINOR RESPONDENT NO 13 BEING NATURAL GUARDIAN FOR RESPONDENT NO.14 RESIDING AT NAGARURU VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, NELAMANGALA, BENGALURU-562123. - 5 - HC-KAR CNR: KAHC010423642026 NC: 2026:KHC:48125 WP No. 19104 of 2026 15. SMT. VIJAYALAKSHMI S/OLATE N.G. GOVINDAIAH AGE : MAJOR RESIDING AT NAGARURU VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, NELAMANGALA, BENGALURU-562123. SRI. BYLAPPA S/O LATE CHIKKANNA SINCE DECEASED REPT BY HIS LEGAL REPRESENTATIVES. 16. SMT. SAVITHRAMMA WIDOW S/OLATE BYLAPPA AGED :MAJOR RESIDING AT NAGARURU VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, NELAMANGALA, BENGALURU-562123. 17. SMT. N.B. KEMPARAJAMMA D/O LATE BYLAPPA AGED : MAJOR RESIDING AT NAGARURU VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, NELAMANGALA, BENGALURU-562123. 18. SRI. N.B. NARENDRA BABU LATE BYLAPPA - 6 - HC-KAR CNR: KAHC010423642026 NC: 2026:KHC:48125 WP No. 19104 of 2026 AGED: MAJOR RESIDING AT NAGARURU VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, NELAMANGALA, BENGALURU-562123. 19. SRI. N.B. DINESH LATE BYLAPPA AGED : MAJOR RESIDING AT NAGARURU VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, NELAMANGALA, BENGALURU-562123. CHIKKANNA S/O LATE GANGAIAH (SINCE DECEASED) REP BY HIS LEGAL REPRESENTATIVES. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R-1 TO R-6; SRI. P.B. AJIT ADVOCATE FOR R-7 V/O DATED 13.07.2026 NOTICE TO R-8 TO R-19 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.06.2026, PASSED BY THE RESPONDENT NO.2, JOINT DIRECTOR OF LAND RECORDS, IN VIDE NO.R.J.D.L.R.APPEAL (BEM,NA).NO.99/2025-26 AT (ANNEXURE-N) AND ORDER DATED 10.11.2025, PASSED BY THE RESPONDENT NO.3, DEPUTY DIRECTOR OF LAND - 7 - HC-KAR CNR: KAHC010423642026 NC: 2026:KHC:48125 WP No. 19104 of 2026 RECORDS AND SURVEY SETTLEMENT, IN REFERENCE VIDE NO.G.THAAM.SA/BHOO.OO/ THAAM(5) PR/313/25-26 (ANNEXURE-M); 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 ORAL ORDER 1. In this writ petition, the petitioners are assailing the order dated 10.06.2026 (Annexure-N), passed by Respondent No. 2, and the order dated 10.11.2025, Annexure-M, passed by Respondent No. 3, and inter alia, sought for setting aside the phodi/division effected in respect of the land bearing Sy. No. 142, whereby the same was sub-divided as Sy. Nos. 142/1, 142/2 and 142/3, as per Annexure-K. 2. Heard Sri. Saravana S., learned counsel appearing for the petitioners; Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for - 8 - HC-KAR CNR: KAHC010423642026 NC: 2026:KHC:48125 WP No. 19104 of 2026 the respondent-State and Sri. P.B. Ajith, learned counsel appearing for respondent No.7. 3. It is submitted by the learned counsel appearing for the parties that, as there is a discrepancy insofar as the boundaries of the parties are concerned, the parties have entered into a compromise amicably to resolve the dispute. Accordingly, a joint memo has been filed by the petitioners and Respondent No. 7. 4. Having taken note of the averments made in the joint memo, I am of the opinion that the impugned orders are required to be set aside and that the joint memo, along with the sketch appended thereto, is required to be taken on record and same is accordingly accepted. Learned HCGP submitted that, there is no impediment for allowing the joint memo. In that view of the matter, the order dated 10.06.2026, Annexure-N, and the order dated 10.11.2025, - 9 - HC-KAR CNR: KAHC010423642026 NC: 2026:KHC:48125 WP No. 19104 of 2026 Annexure-M, along with the consequential phodi entries in respect of the lands bearing Sy. Nos. 142/1, 142/2 and 142/3, as per Annexure-K series, are hereby set aside. 5. The sketch appended to the joint memo is accordingly accepted as depicting the correct location, extent and boundaries of the respective properties of the petitioners and Respondent No. 7 in Sy. No. 142 (old No. 124) of Nagarulu Village, Dasanapura Hobli, Bengaluru North Taluk. 6. Having arrived at the conclusion that the impugned orders are liable to be quashed, Respondent Nos. 1 to 6 are directed to conduct fresh phodi proceedings in respect of the land bearing Sy. No. 142 strictly in accordance with the sketch and the joint demarcation agreed to by the parties in the joint memo, and thereafter, revise the revenue records, - 10 - HC-KAR CNR: KAHC010423642026 NC: 2026:KHC:48125 WP No. 19104 of 2026 within an outer limit of two months from the date of receipt of a certified copy of this order. 7. It is made clear that the parties are directed to approach the competent authority for conducting the revised phodi proceedings pursuant to the order passed by this Court, along with a copy of this order, so as to enable the respondent-authorities to take an appropriate decision in the matter in accordance with the directions issued herein. 8. With these observations, the writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 100