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2026 DAILYLAW 52046 (KAR)

SMT. KAMALAMMA v. STATE OF KARNATAKA

WP/39382/2025 · 2026-01-30

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5254 WP No. 39382 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 39382 OF 2025 (KLR-RES) BETWEEN: 1. SMT. KAMALAMMA W/O LATE N.KRISHNAPPA, AGED ABOUT 81 YEARS, 2. SRI K.NANJUNDAPPA S/O LATE N.KRISHNAPPA, AGED ABOUT 62 YEARS, 3. SRI. K. NAGARAJU S/O LATE N.KRISHNAPPA, AGED ABOUT 60 YEARS, 4. SRI. K.BABU S/O LATE N.KRISHNAPPA, AGED ABOUT 56 YEARS, 5. SMT K.SHIVAMMA D/O LATE N.KRISHNAPPA, AGED ABOUT 66 YEARS, 6. SMT K.SUBBAMMA D/O LATE N.KRISHNAPPA, AGED ABOUT 64 YEARS, 7. SMT K.MANJULA D/O LATE N.KRISHNAPPA, AGED ABOUT 50 YEARS, ALL ARE RESIDING AT MAHAL CHOWDENAHALLI VILLAGE, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5254 WP No. 39382 of 2025 SARJAPURA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT-562125. …PETITIONERS (BY SRI. L. NARASIMHAMURTHY., ADVOCATE FOR SRI. SUDHINDRA S A., ADVOCATE) AND: 1. STATE OF KARNATAKA REP.BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE-560 001. 2. THE ASSISTANT DIRECTOR OF LAND RECORDS ANEKAL TALUK, ANEKAL, BANGALORE URBAN DISTIRCT-562106. 3. SRINIVASULU S/O KRISHNAPPA AGED ABOUT 70 YEARS, R/AT MAHALCHOWDADENAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562125. 4. SMT SHANTHAMMA @ RANGAMMA W/O LATE RANGAPPA, D/O CHIKKA RAMAIAH, AGED ABOUT 75 YEARS, 5. SRI VENKATARAJU S/O LATE RANGAPPA, AGED ABOUT 55 YEARS, 6. RAMYA @ SHOBHA D/O LATE RANGAPPA, AGED ABOUT 50 YEARS, RESPONDENT NOS.4 TO 6 R/AT BANAHALLI VILLAGE, - 3 - HC-KAR NC: 2026:KHC:5254 WP No. 39382 of 2025 SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562125. 7. SRI RAMESH S/O GOPALAPPA, AGED ABOUT 48 YEARS, 8. SRI.ANANDA S/O GOPALAPPA, AGED ABOUT 44 YEARS, 9. SRI HARISH S/O LATE BALAPPA, AGED ABOUT 40 YEARS, 10. SMT ARUNA D/O LATE BALAPPA, AGED ABOUT 35 YEARS, 11. SRI NAGARAJU S/O VENKATAPPA, AGED ABOUT 68 YEARS, 12. SRI RANGASWAMY S/O VENKATAPPA, AGED ABOUT 66 YEARS, 13. SRI GOPAL S/O VENKATAPPA, AGED ABOUT 62 YEARS, 14. SMT SUMA D/O VENKATAPPA, AGED ABOUT 50 YEARS, RESPONDENTS 7 TO 14 ARE R/AT MAHALCHOWDENAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562125. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 & R2) - 4 - HC-KAR NC: 2026:KHC:5254 WP No. 39382 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 11.11.2025 IN ADLR/ANK/MOJ/ 20030823329966/25-26 BY THE R2 AUTHORITY VIDE ANNX-J AND TO DIRECT THE R2 AUTHORITY TO CARRY OUT TATKAL PHODI IN RESPECT OF LAND BEARING SY. NO.141/2 MEARURING 3 ACRES 22 GUNTAS OF MAHAL CHOEDENHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE AS PER (ANNX-D). 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 respondents No.1 and 2. Notice to the other respondents is not necessary for the following reasons; 2. Learned High Court Government Pleader submits that on an application for phodi and durasth filed by the petitioner, the impugned endorsement at Annexure-J dated 11.11.2025 has been issued by the respondent- Assistant Director of Land Records, Annekal Taluk, stating that the office has received information from the contesting parties that a Civil Suit in O.S.No.135/2025 on - 5 - HC-KAR NC: 2026:KHC:5254 WP No. 39382 of 2025 the file of the learned Senior Civil Judge & JMFC, Anakal, is pending consideration in respect of the lands in question and therefore, unless the dispute is resolved in the said suit, the Authority cannot proceed to conduct the phodi and durasth. Learned High Court Government Pleader further submits that there is no infirmity in the impugned endorsement issued by the Assistant Director of Land Records. 3. Learned Counsel for the petitioner however seeks to contend that the application for tatkal phodi was filed on 01.08.2023, long before the suit was instituted and therefore, the respondent should be directed to proceed to conduct the phodi and durasth. 4. In the considered opinion of this Court, the decision taken by the respondent-Assistant Director of Land Records not to proceed with the phodi and durasth since a dispute between rival parties is pending before the competent Civil Court, cannot be faulted. The petitioner - 6 - HC-KAR NC: 2026:KHC:5254 WP No. 39382 of 2025 has to await the result of the suit or the petitioner may seek such directions at the hands of the Civil Court where the dispute is pending, to proceed to conduct the phodi and durasth. With these observations the writ petition stands disposed of. 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 DL CT: JL