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2026 DAILYLAW 42916 (KAR)

SRI G V GOPINATH v. STATE OF KARNATAKA

WP/26460/2026 · 2026-09-23

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010590892026 NC: 2026:KHC:52481 WP No. 26460 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 26460 OF 2026 (KLR-RES) BETWEEN: SRI G V GOPINATH S/O LATE SRI. G.T. VENKATARAMANAIAH AGED ABOUT 65 YEARS OCCUPATION - AGRICULTURIST R/AT 11/130, BASAPPA LAYOUT PRASHANTHI KUTEERAM GAVIPURAM EXTENSION BENGALURU - 560 019. …PETITIONER (BY SRI. N S SAMPANGIRAMAIAH., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS ADDL. CHIEF SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA BENGALURU - 560 001. 2. THE 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 RECORS Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010590892026 NC: 2026:KHC:52481 WP No. 26460 of 2026 BENGALURU URBAN DISTRICT KANDAYA BHAVANA K.G. ROAD BENGALURU - 560 009. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS BENGALURU SOUTH TALUK KANDAYA BHAVANA K.G. ROAD, BENGALURU - 560 009. 5. THE TAHSILDAR BENGALURU SOUTH TALUK KANDAYA BHAVANA K.G. ROAD, BENGALURU - 560 009. 6. SRI. ARIF AHAMMED S/O SHAIK AHMED AGED ABOUT 52 YEARS R/AT NO.11, 1ST MAIN ROAD BINNU MILL ROAD GANGANAGAR, BENGALURU - 560 032. 7. SMT. LAKSHMAMMA D/O LATE CHIKKAMARIYAPPA AGE MAJOR 8. SMT. THIMMAKKA D/O LATE CHIKKAMARIYAPA AGE MAJOR 9. SRI. SRIKANTAPPA S/O LATE MARISHAMAPPA AGE MAJOR 10. SRI. K.B. KRISHNAMURTHY S/O LATE BALAKRISHNA - 3 - HC-KAR CNR: KAHC010590892026 NC: 2026:KHC:52481 WP No. 26460 of 2026 AGE MAJOR 11. K.R. RAMACHANDRA S/O LATE RAMAPPA AGED ABOUT 60 YEARS RESPONDENTS NO.7 TO 11 ARE R/AT CHUDENAPURA VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU URBAN DISTRICT BENGALURU - 560 060. 12. SRI. LINGANNA S/O LATE KEMPANNA AGED ABOUT 69 YEARS R/AT NO.54, 2ND CROSS 3RD MAIN ROAD, NAGARABHAVI MAIN ROAD, MOODALAPALYA BENGALURU - 560 009. …RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA FOR R1 TO R5; SRI/SMT. NAMITA NARAYANASWAMY.,ADVOCATE FOR R6; R7 TO R12 NOTICE DISPENSED WITH V/O DATED 23.09.2026) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE IMPUGNED ORDER PASSED BY THE 2ND RESPONDENT REGIONAL JOINT DIRECTOR OF LAND RECORDS BENGALURU DIVISION K.R CIRCLE, BENGALURU IN REVISION (BEN NA)30/2025-26 DATED 19.12.2025 IN RESPECT OF LAND BEARING OLD SY NO.2/10 ASSIGNED NEW SY NO.2/21 SITUATED CHUDENAPURA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU URBAN DISTRICT, VIDE ANNEXURE-A, AT AND ETC. - 4 - HC-KAR CNR: KAHC010590892026 NC: 2026:KHC:52481 WP No. 26460 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition petitioner is assailing the order dated 19.12.2025 (Annexure-A) passed by the respondent No.2. 2. Having heard the learned counsel appearing for the parties and on careful consideration of the same would indicate that, the respondent No.3 has passed the order dated 18.03.2025 (Annexure-B), as to the phodi in respect of the land in question and same was questioned before the respondent No.2 in the proceedings No.BEN.NA.30/2025-26. The respondent No.2 vide order dated 19.12.2025 (Annexure-A), has passed an order, and as there is the divergent opinion by the respondent authorities and taking into account the reasons assigned by the respondent No.2 that the technical report has not been considered by the respondent-authorities while conducting the phodi and durasth in respect of the land in question, I find force in the submission made by the learned - 5 - HC-KAR CNR: KAHC010590892026 NC: 2026:KHC:52481 WP No. 26460 of 2026 counsel appearing for the petitioner and accordingly I pass the following: ORDER (i) Writ petition is allowed. (ii) The order dated 19.12.2025 (Annexure-A) passed by the respondent No.2 is accordingly set aside and the Order dated 18.03.2025 (Annexure-B) passed by the respondent No.3 is accordingly set aside and the matter is remitted to the respondent No.3 for fresh consideration in the light of the order passed by respondent No.2 as to conduct phodi and durasth work in respect of the land in question. SD/- (E.S.INDIRESH) JUDGE RU List No.: 1 Sl No.: 18