- 1 - HC-KAR NC: 2026:KHC:4247 WP No. 8763 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 8763 OF 2025 (KLR-RES) BETWEEN: 1. VIJAY CHANDEL S/O O P CHANDEL AGED ABOUT 43 YEARS, R/A NO. A-202 HOYSALA GALLERIA II, NEAR TATA NAGAR, WATER TANK, TATA NAGAR, KODIGEHALLI POST BENGALURU- 560092. 2. UMME SALMA W/O VIJAY CHANDEL AGED ABOUT 42 YEARS, R/A NO. A-202, HOYSALA GALLERIA II, NEAR TATA NAGAR, WATER TANK, TATA NAGAR, KODIGEHALLI POST BENGALURU-560092. …PETITIONERS (BY SRI. SUBAIR K M., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, 5TH FLOOR, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560001. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4247 WP No. 8763 of 2025 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BENGALURU- 562210. 3. THE TAHSILDAR BENGALURU RURAL DISTRICT NELAMANGALA DISTRICT, BENGALURU- 562123. 4. DEPUTY DIRECTOR OF LAND RECORDS BENGALURU RURAL DISTRICT NELAMANGALA DISTRICT, BENGALURU- 562123. 5. ASSISTANT DIRECTOR OF LAND RECORDS BENGALURU RURAL DISTRICT NELAMANGALA DISTRICT, BENGALURU- 562123. 6. COMMISSIONER CIVIL MUNICIPAL CORPORATION NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-662122. …RESPONDENTS (BY SMT. NAVYA SHEKHAR., AGA FOR R1 TO R5; NOTICE TO R6 NOT ORDERED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO CONDUCT THE SURVEY OF THE SCHEDULE PROPERTY BELONGING TO THE PETITIONERS HEREIN AND DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD. 05.03.2024 AT ANNEXURE- AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4247 WP No. 8763 of 2025 ORAL ORDER Learned Additional Government Advocate takes notice for respondents No.1 to 5. Notice to other respondent is not necessary for the following reasons: Learned Additional Government Advocate raises a preliminary objection that the prayer sought by the petitioners cannot be granted in view of the fact that land in question is a residential site carved out Sy.No.88/1, situated at Basavanahalli village, Nelamangala Taluk, Bengaluru Rural District. It appears that the land in question falls within the jurisdiction of City Municipal Council, Nelamangala and that is the reason why respondent No.6 has made a party. Learned Additional Government Advocate submits that if the lands fall within the jurisdiction of the City Municipal Council and within a developed layout and if there is a dispute, for that purpose the Survey Settlement Authorities cannot be called to survey the property. CORAM: HON'BLE MR. JUSTICE R DEVDAS - 4 - HC-KAR NC: 2026:KHC:4247 WP No. 8763 of 2025 2. At this juncture, learned Counsel for the petitioners submit that the petitioners have filed suit in O.S.No.42/2018 on the file of the learned II Additional Civil Judge and JMFC, Nelamangala and a decree of permanent injunction is passed by the Civil Court against the third parties, namely Sri.N.Shivakumar, Sri,K.N.Nanjappa and Smt.Yashoda. However, the said third parties are still raising disputes in respect of the land in question. 3. In the considered opinion of this Court, having regard to the admitted facts, it is not permissible for the Survey Settlement Authorities to measure the residential site carved out of a larger extent of land. Moreover, if the petitioners have already secured a decree of permanent injunction and despite that the respondents are interfering, then the petitioners will have to move the Executing Court to redress their grievances. 4. With these observations the writ petition stands disposed of. - 5 - HC-KAR NC: 2026:KHC:4247 WP No. 8763 of 2025 5. 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