- 1 - HC-KAR NC: 2026:KHC:5759 WP No. 2548 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 2548 OF 2026 (KLR-RES) BETWEEN: SRI NATARAJA S/O LATE RAMAKRISHNAPPA, AGED ABOUT 35 YEARS, R/A SIDDANAPALYA VILLAGE, B M KAWAL, KENGERI HOBLI, BENGALURU SOUTH TALUK-560 060. …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAND REVENUE, M.S.BUILDING, BENGALURU 560001. 2. THE ASSISTANT COMMISSIONER, BANGALORE SOUTH SUB DIVISION, KANDAYA BHAVAN, K.G. ROAD, BENGALURU 560 009. 3. THE TAHSILDAR, BENGALURU SOUTH TALUK, KANDAYA BHAVAN, K.G. ROAD, BENGALURU 560 009. 4. THE DEPUTY DIRECTOR, LAND RECORDS AND SURVEY SETTLEMENT ATTACHED TO THE OFFICE OF DEPUTY COMMISSIONER, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5759 WP No. 2548 of 2026 K.G.ROAD, BENGALURU 560 009. 5. ASSISTANT DIRECTOR OF LAND RECORDS AND SURVEY SETTLEMENT, ATTACHED TO THE OFFICE OF TAHSILDAR, KANDAYA BHAVAN, K.G. ROAD, BENGALURU 560 009. …RESPONDENTS (BY SRI.V.SESHU., HCGP) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF TH CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENTS NO.4 AND 5 TO CONSIDER AND DISPOSE OF THE PETITIONER S APPLICATION DATED 03.09.2021 (ANNEXURE-F) AND FRESH APPLICATION DATED 31.08.2024 (ANNEXURE-J) SEEKING HISSA-PHODI IN SY.NO.68/1 OF B.M. KAVAL VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, BY PASSING A REASONED/SPEAKING ORDER WITHIN A TIME- FRAME FIXED BY THIS HON BLE COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. 2. Learned counsel for the petitioner submits that earlier two orders have been passed by the Assistant Commissioner, Bangalore South Sub-Division at the instance of the petitioner, one at Annexure-C1 in proceedings bearing No.RA(S)310/2015-16 dated - 3 - HC-KAR NC: 2026:KHC:5759 WP No. 2548 of 2026 22.03.2016 directing the Tahsildar to show the name of the petitioner, Sri Nataraja.R to an extent of 3 acres 11 guntas in Survey No.68/1 of B.M. Kaval Village, Kengeri Hobli, Bengaluru South Taluk, having regard to the acquisition of the lands in the said survey number for the purpose of formation of lake. The Assistant Commissioner passed one more order at Annexure-D1 in RA(S) 31/2019- 20 dated 31.01.2020 directing the Tahsildar to show the extent of the lake as 9 acres 10 guntas. Learned counsel submits that an online application was filed by the petitioner on 13.09.2021 seeking phodi and durasth of his lands and notice was issued by the Tahsildar on 06.07.2024 to all concerned. However, phodi has not been finalized till date. Annexure-H2 is the report of the Taluka Surveyor, that the extent of the lake is 12 acres. 3. Learned counsel submits that what was notified and acquired during the year 1974 for lake was 9 acres 10 guntas including kharab. There is no reason why the Tahsildar is claiming that the lake is measuring 12 acres. - 4 - HC-KAR NC: 2026:KHC:5759 WP No. 2548 of 2026 Even otherwise, if the water in the lake has expanded to 12 acres, the compensation will have to be determined and paid to the petitioner in respect of the excess lands which are submerged in the lake, if at all. Nevertheless, learned counsel submits that directions may be issued to the 3rd respondent - Tahsildar and the 5th respondent - Assistant Director of Land Records, Bangalore South Taluk to proceed to complete the phodi proceedings, irrespective of the fact that the water in the lake has further expanded and has occupied a portion of the land belonging to the petitioner. To that extent, if the water has been further expanded, the Tahsildar will have to state the extent of land which covers the area of the petitioner's lands with water, so that appropriate notification for acquisition is issued, compensation is determined and award is paid to the petitioner. 4. The writ petition stands disposed of with a direction to the respondent-Tahsildar and respondent- Assistant Director of Land Records, Bangalore South Taluk - 5 - HC-KAR NC: 2026:KHC:5759 WP No. 2548 of 2026 to procced with the phodi proccedings, irrespective of the fact that the water in the lake has further expanded and has occupied a portion of the land belonging to the petitioner. To that extent, if the water has been further expanded, the Tahsildar will have to state the extent of land which covers the area of the petitioner's lands with water, so that appropriate notification for acquisition is issued, compensation is determined and award is paid to the petitioner. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. Ordered accordingly. 5. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KLY: CT: JL