- 1 - HC-KAR NC: 2026:KHC:4883-DB WA No. 314 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 314 OF 2024 (KLR-RES) BETWEEN: SRI. K.V.MANJUNATH S/O VENKATASWAMAPPA K AGED ABOUT 61 YEARS R/AT NO 15, BALGONY HOUSE V.S.R LAYOUT, NARAYANAPURA MAIN ROAD, DOORAVANINAGAR BENGALURU – 560 016 …APPELLANT (BY SRI. R.S.RAVI, SR.ADVOCATE FOR SRI. AKARSH KUMAR GOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPT BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. DEPARTMENT OF REVENUE M S BUILDING, DR AMBEDKAR VEEDHI, BENGALURU – 560 001, REPT BY ITS PRINCIPAL SECRETARY. 3. THE COMMISSIONER OF SURVEY SETTLEMENT AND LAND RECORDS - 2 - HC-KAR NC: 2026:KHC:4883-DB WA No. 314 of 2024 K.R.CIRCLE, BENGALURU – 560 001. 4. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVAN BENGALURU – 560 001. 5. THE TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER AND EX OFFICIO DEPUTY DIRECTOR OF LAND RECORDS BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, BENGALURU - 560 001. 6. THE ASSISTANT DIRECTOR OF LAND RECORDS BENGALURU NORTH (ADDITIONAL) TALUK NOW YELAHANKA TALUK BENGALURU- 560 064. 7. THE TAHSILDAR BENGALURU NORTH (ADDITIONAL) TALUK NOW YELAHANKA TALUK BENGALURU – 560 064. 8. SRI.SHIRAJULLAKHAN S/O. MASTHANA KHAN AGED MAJOR R/O OLD POST OFFICE ROAD, K.R.PURAM, BENGALURU - 560 036. 9. SRI.R.RAJU S/O. RAMASWAMY AGE MAJOR 10. SRI. K.DEVARAJU S/O LATE K KRISHNAPPA - 3 - HC-KAR NC: 2026:KHC:4883-DB WA No. 314 of 2024 AGE MAJOR 11. K.GOVINDASWAMY S/O LATE K.KRISHNAPPA AGE MAJOR 12. SRIK.SRINIVASAMURTHY S/O LATE K.KRISHNAPPA AGE MAJOR 13. SRI.P.MADHUSUNDHAN S/O LATE P.BALARAMA REDDY AGE MAJOR, 14. SRI. MEKAPATHI ABHINAVA REDDY S/O M.RAJAGOPALA REDDY AGE MAJOR 15. SMT. T.N.RATHNAMMA D/O NARAYANAPPA AGE MAJOR 16. SRI.T.N.RAJANNA S/O NARAYANAPPA AGE MAJOR 17. SRI.VASANTHAKUMAR S/O NARAYANAPPA AGE MAJOR 18. SRI.T.H.ASHWATHAPPA S/O HANUMANTHAPPA AGE MAJOR 19. SRI. T.H.ASHOKA S/O HANUMANTHAPPA AGE MAJOR - 4 - HC-KAR NC: 2026:KHC:4883-DB WA No. 314 of 2024 20. SRI.T.H.ASHA W/O SOMANNA AGE MAJOR 21. SRI. K.N.GOPAL S/O LATE NARAYANSWAMAPPA AGE MAJOR RESPONDENT NO.1O TO 21 ARE RESIDENTS OF KUDUREGERE VILLAGE, JALA HOBLI, YELAHANKA TALUK, BENGALURU URBAN DISTRICT PIN - 5600 64 22. SRI. KARNATI VENKATESHWAR RAO S/O KOTAIAH AGED ABOUT 62 YEARS R/AT NO. 3A PALM SPRING APARTMENTS ROAD, NO 7, BANJARA HILLS, HYDERABAD, TELAGANA STATE. REPRESENTED BY HIS GPA HOLDER MR. BALUSU UDAYA BHASKAR S/O KOTILINGA MURTHY AGED ABOUT 55 YEARS R/O NO 8-2-541/2, ROAD NO.7 BANJARA HILLS, HYDERABAD – 500 034 …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1-R7; SRI. CHETHAN.B, ADVOCATE FOR C/R22; NOTICE TO R8-R21 ARE DISPENSED WITH, V/O DATED 27.01.2025) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI SETTING ASIDE THE ORDER DATED 22/01/2024 IN WP NO.9046/2022 PERTAINING TO TOTAL - 5 - HC-KAR NC: 2026:KHC:4883-DB WA No. 314 of 2024 EXTENT OF 13 ACRES 36 GUNTAS CONFERRED ON SY.NO.145 AND SY.NO.146 OF KUDUREGERE VILLAGE AND GRANT SUCH OTHER RELIEF OR RELIEFS. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal is filed impugning the order dated 22.01.2024 passed by the learned Single Judge in W.P No.9046/2022. 2. The dispute is in respect of the order dated 11.03.2022 passed by the Commissioner of Survey in suo moto proceedings for creating Tippani in Sy.No.145 of Kuduregere Village, Bengaluru North Taluk. 3. Learned Single Judge, having considered the provisions of the relevant Rules, held that the initiation of suo motu proceedings and passing the order without giving notice to the aggrieved parties i.e., the petitioner was unsustainable. - 6 - HC-KAR NC: 2026:KHC:4883-DB WA No. 314 of 2024 It was further held that the order dated 11.03.2022 passed by the Commissioner of Survey was untenable as the Authority was not empowered to interfere with the settled revenue and survey records after lapse of decades. In view thereof, the order dated 11.03.2022 for carrying out Tippani in respect of the land bearing Sy.No.145 has been held to be unsustainable and is accordingly quashed. 4. It is not in dispute that the said order dated 11.03.2022 was passed in the suo motu proceedings by the Commissioner of Survey without issuing notice. 5. We do not wish to interfere with the findings of the learned Single Judge holding the order dated 11.03.2022 to be unsustainable. However, we remand the matter back to the file of the Commissioner of Survey/respondent No.3 to pass a fresh order after issuing notice to all the affected parties including the petitioner, in accordance with law. 6. All the contentions are left open to the parties to be taken before the Commissioner of Survey in fresh proceedings. - 7 - HC-KAR NC: 2026:KHC:4883-DB WA No. 314 of 2024 7. With the aforesaid modification, the present writ appeal stands disposed of. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE RKA List No.: 2 Sl No.: 5 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA