Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010000292022 NC: 2026:KHC:51448 WP No. 131 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 131 OF 2022 (KLR-RR/SUR) BETWEEN:
SRI CHIKANNA S/O LATE APPAYANNA AGED ABOUT 74 YEARS, R/AT T.AGRAHARA VILLAGE THARAHUNASE POST JALA HOBLI, YELAHANKA TALUK BENGALURU - 562 157 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) …PETITIONER (BY SRI. LOKESH K., ADVOCATE AND SRI. K.VIJAYA KUMAR, ADVOCATE) AND:
1.
THE TAHSILDAR YELAHANKA TALUK MINI VIDHANA SOUDHA YELAHANKA, BENGALURU PIN - 560 064
2.
STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001 …RESPONDENTS (BY SRI.ADITYA DIWAKARA, AGA)
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010000292022 NC: 2026:KHC:51448 WP No. 131 of 2022
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 10.11.2021, (ANNEXURE-A1) ISSUED BY THE R1 AND ENDORSEMENT DATED 09.06.2020 (ANNEXURE-A2) ISSUED BY THE R1.
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, the petitioner is assailing the endorsement dated 10.11.2021 (Annexure-`A1') and the endorsement dated 09.06.2020 (Annexure-`A2'), issued by respondent No.1.
2. It is the case of the petitioner that, the petitioner is in possession and enjoyment of the land bearing Survey No.87 (New Survey No.87/P58), situated at Tharahunase village, which is being acquired under the Grant Order dated
24.09.1994. It is also to be noted that the respondent- authorities have issued the Saguvali Chit in favour of petitioner
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HC-KAR
CNR: KAHC010000292022 NC: 2026:KHC:51448 WP No. 131 of 2022
with respect to the land claimed by him in Form No.50, at Annexure-`C' to the writ petition.
3. A perusal of the impugned endorsements issued by the respondent No.1 would indicate that the respondent No.1 has rejected the claim made by the petitioner for conducting phodi on the ground that the land in question is situated within 18 KMs. from the limits of BBMP as per Annexure-`A1' and Annexure-`A2'. However, the very same respondent No.1 has issued mutation and conducted phodi in respect of several such other grantees in the very same survey number, which is produced at Annexures-`S1 to S3'. It appears that the respondent No.1 has not even applied its mind in respect of land in question where the phodi has been conducted as per Annexures-`S1 to S3', at Tarahunase village, in which the land claimed by the petitioner is also situated.
4. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner that, respondent No.1 has issued the impugned endorsements at Annexure-`A1' and Annexure-`A2', despite
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HC-KAR
CNR: KAHC010000292022 NC: 2026:KHC:51448 WP No. 131 of 2022
being aware about the orders passed by him as per Annexure-`S' series.
5. As a result, I proceed to pass the following :
ORDER
(i) The Writ Petition is allowed.
(ii) The endorsement dated 10.11.2021 (Annexure-`A1') and
the endorsement dated 09.06.2020 (Annexure-`A2'), passed by the respondent No.1, are set aside.
(iii) The respondent No.1 is directed to pay cost of Rs.50,000/- to the Chief Minister's Relief Fund for having issued the impugned endorsements discriminating the parties.
(iv)
The respondent No.1 along with jurisdictional ADLR, is hereby directed to conduct phodi in respect of the subject-land within three months from the date of receipt of copy of this order.
SD/- (E.S.INDIRESH) JUDGE
bk/ : List No.: 1 Sl No.: 48