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2026 DAILYLAW 39077 (KAR)

SMT. THRIVENI v. THE STATE OF KARNATAKA

WP/24668/2023 · 2026-09-07

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010570682023 NC: 2026:KHC:48381 WP No. 24668 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 24668 OF 2023 (KLR-RR/SUR) BETWEEN: 1. SMT. THRIVENI W/O LATE NATARAJU AGED ABOUT 36 YEARS. 2. SRI B N NATARAJU S/O LATE NARAYANAPPA AGED ABOUT 40 YEARS. 3. SRI DODDAGANGPAPA S/O LATE RANGASWAMAPPA AGED ABOUT 60 YEARS. 4. SRI CHIKKAGANGAIAH S/O LATE RANGASWAMAPPA AGED ABOUT 56 YEARS ALL ARE RESIDING AT BANASAVADI VILLAGE SOLADEVANAHALLI POST-562130 KASABA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT. …PETITIONERS (BY SRI KUMBAR VASANT FAKEERAPPA.,ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010570682023 NC: 2026:KHC:48381 WP No. 24668 of 2023 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S OFFICE BUILDING DR.B R AMBEDKAR VEEDHI BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE REGIONAL JOINT DIRECTOR OF LAND RECORDS BENGLURU DIVISION K R CIRCLE BENGALURU-560001. 3. THE TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT AND EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS GROUND FLOOR ROOM NO.1 DISTRICT OFFICES COMPLEX DISTRICT ADMINISTRATIVE BUILDING BENGAURU RURAL DISTRICT BEERASANDRA KUNDANA HOBLI DEVANAHALLI TALUK-562110. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS NELAMANGALA TALUK NELAMANGALA-563123. 5. THE TAHASILDAR NELAMANGALA TALUK NELAMANGALA-562123. - 3 - HC-KAR CNR: KAHC010570682023 NC: 2026:KHC:48381 WP No. 24668 of 2023 6. SMT RAMAKKA W/O LATE RAJANNA AGED ABOUT 65 YEARS R/A BANASAVADI VILLAGE SOLADEVANAHALLI POST-562130 KASABA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI SHAMANTH NAIK, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY R2 DTD 05.09.2023 VIDE AT ANNEXURE-F 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 In this petition, petitioners are assailing the Order dated 05.09.2023 (Annexure-F) passed by respondent No.2. 2. Having heard the learned counsel appearing for the parties and on careful consideration of the impugned order at Annexure-F, would indicate that, respondent - 4 - HC-KAR CNR: KAHC010570682023 NC: 2026:KHC:48381 WP No. 24668 of 2023 No.3, by order dated 04.03.2023 (Annexure-E), has remitted the matter for fresh consideration, after issuing notice to all the parties concerned, with a direction to conduct survey and phodi in respect of the land in question. 3. The aforementioned order came to be passed by respondent No.3 under Section 49-A of the Karnataka Land Revenue Act, 1964. The said order was interfered with by respondent No.2 by order dated 05.09.2023 at Annexure-F, whereby the order at Annexure-E was set aside and the phodi prior thereto was ordered to be restored. 4. In that view of the matter, taking into consideration the revisional jurisdiction on the respondent No.2 is very limited and as the respondent No.3 has, remanded the matter for fresh phodi in respect of the land in question, I am of the view that, respondent No.2 has committed an error in interfering with the order passed by - 5 - HC-KAR CNR: KAHC010570682023 NC: 2026:KHC:48381 WP No. 24668 of 2023 respondent No.3. In that view of the matter, I pass the following: ORDER i) Writ petition is allowed. ii) The order dated 05.09.2023 (Annexure-F) passed by respondent No.2 is accordingly set aside and the order dated 04.03.2023 (Annexure-E) passed by respondent No.3 is accordingly confirmed. iii) The respondent - Authorities are directed to conduct fresh phodi and survey in respect of the land in question in terms of the observations made by respondent No.3 at Annexure-E to the writ petition at the earliest. SD/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 53