Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 46220 (KAR)

SRI. UDAYA SHETTY v. THE STATE OF KARNATAKA

WP/2421/2026 · 2026-01-29

R Devdas

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:4823 WP No. 2421 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 2421 OF 2026 (KLR-RES) BETWEEN: SRI. UDAYA SHETTY AGED ABOUT 47 YEARS, S/O NARAYANA SHETTY, R/AT JADDINABAILU, H/O SIDDAPURA VILLAGE AND POST, VANDSE HOBLI, KUNDAPURA TALUK, UDUPI DISTRICT-576 229. …PETITIONER (BY SRI. SUBRAMANYAM K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S BUILDINGS, VIDHANAVEEDHI, BENGALURU – 01 2. THE ASST. DIRECTOR OF LAND RECORDS C/O ASSISTANT COMMISSIONER OFFICE, BESIDES COURTS COMPLEX, KUNDAPURA TOWN AND TALUK, UDUPI DISTRICT - 576 201. 3. THE TALUK SURVEYOR C/O TALUK OFFICE, BESIDES COURTS COMPLEX, KUNDAPURA TOWN AND TALUK, UDUPI DISTRICT - 576 201. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4823 WP No. 2421 of 2026 4. TAHSILDAR TALUK OFFICE, BESIDES COURTS COMPLEX, KUNDAPURA TOWN AND TALUK, UDUPI DISTRICT-576 201 5. THE REVENUE INSPECTOR NADAKACHERI VANDSE TOWN AND HOBLI KUNDAPURA TALUK, UDUPI DISTRICT-576 229 6. THE VILLAGE ACCOUNTANT FOR SIDDAPURA VILLAGE, C/O NADAKACHERI VANDSE TOWN AND HOBLI KUNDAPURA TALUK, UDUPI DISTRICT - 576 229 7. THE PANCHAYATH DEVELOPMENT OFFICER SIDDAPURA GRAMPANCHAYATH, VANDSE HOBLI, KUNDAPURA TALUK, UDUPI DISTRICT - 576 229 8. SMT. RUDRAMMA SHEDTHI W/O LATE. LAKSHMANA SHETTY, R/AT JADDINABAILU, H/O SIDDAPURA VILLAGE AND POST, VANDSE HOBLI, KUNDAPURA TALUK, UDUPI DISTRICT - 576 229. 9. SRI. NARAYANA SHETTY S/O LATE. ANNAPPA SHETTY, AGED ABOUT 45 YEARS R/AT JADDINABAILU, H/O SIDDAPURA VILLAGE AND POST, VANDSE HOBLI, KUNDAPURA TALUK, UDUPI DISTRICT - 576 229 …RESPONDENTS (BY SRI.K.P.YOGANNA., AGA FOR R1 TO R6; NOTICE TO R7 TO R9 NOT ORDERED) - 3 - HC-KAR NC: 2026:KHC:4823 WP No. 2421 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF CERTIORARI OR OTHER APPROPRIATE WRIT OR ORDER TO SET ASIDE THE SURVEY NOTICE ISSUED BY THE THIRD RESPONDENT I.E. TALUK SURVEY DATED 5/1/2026 IN NCR/CR/640/25-26 FOR CONDUCTING THE SURVEY OF THE LAND IN SY. NO. 223, HISSA NO. OF SIDDAPURA VILLAGE, VANDSE HOBLI, KUNDAPURA TALUK, UDIPI DISTRICT VIDE ANNEXURE-H BY ALLOWING THE ABOVE WRIT PETITION AND ETC., 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 Additional Government Advocate takes notice for respondents No.1 to 6. Notice to the other respondents is not necessary for the following reasons: Learned Additional Government Advocate raises a preliminary objection that the prayer in the writ petition is against a notice at Annexure-H issued by the 3rd respondent- Taluka Surveyor, Kundapra Taluk, notifying the petitioner to be present for the survey proceedings initiated by the persons named therein. Learned Additional Government Advocate submits that if such a notice is issued in accordance with law for survey, that cannot be questioned before this Court. It is - 4 - HC-KAR NC: 2026:KHC:4823 WP No. 2421 of 2026 pointed out that the petitioner has already issued a reply in terms of Annexure-J to the impugned notice. That being the position, a direction may be issued to the concerned Taluka Surveyor and the 2nd respondent-Assistant Director of Land Records to consider the reply given by the petitioner and proceed only in accordance with law. 2. Upholding the submissions of the learned Additional Government Advocate, the writ petition stands disposed of with a direction to the 2nd respondent-Assistant Director of Land Records, Kundapura, Taluk, to consider the reply given by the petitioner to the impugned notice. If on consideration of the reply given by the petitioner, there is any reason not to proceed with the survey, the 2nd respondent shall accordingly consider the same and pass necessary orders. 3. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT: JL