- 1 - HC-KAR NC: 2026:KHC-D:964 WP No. 104833 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 104833 OF 2022 (KLR-RR/SUR) BETWEEN: SMT. LATA W/O. BASAVARAJ KADAPATTI AGE: 45 YEARS, OCC: HOUSEHOLD WORK, R/O. MAHANTNAGAR, HUNGUND, TALUK HUNAGUND, DISTRICT: BAGALKOT. …PETITIONER (BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE) AND: 1. THE JOINT DIRECTOR OF REGIONAL LAND RECORDS, BELAGAVI-587101. 2. THE DEPUTY DIRECTOR OF LAND RECORDS BAGALKOT-587101. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS AND CITY SURVEY OFFICER, HUNAGUND-587101. 4. SMT. SHAMSAD BEGAUM W/O. NOOR AHMAD RONAD, AGE: 42 YEARS, OCC: HOUSEHOLD, R/O. LAKSHMI NAGAR, HUNAGUND, DIST: BAGALKOT-587101. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R3; SRI. K.L.PATIL, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 24.06.2022 BEARING NO.REV/PHODI/SR-18/2021-22 PASSED BY 1ST RESPONDENT WHICH IS PRODUCED AT ANNEXURE-P AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.31 10:35:45 +0530 - 2 - HC-KAR NC: 2026:KHC-D:964 WP No. 104833 of 2022 ORAL ORDER The petitioner is before this Court assailing the order dated 24.06.2022 passed by the Joint Director of Regional Land Records, Belagavi, whereby the revision petition filed by the petitioner seeking survey, measurement and fixation of the boundaries in respect of CTS Nos.191, 192 and 55 situated at Hunagund Taluk, Bagalkot District came to be rejected. 2. It is the case of the petitioner that she is the absolute owner in possession of CTS No.192/1 measuring 933.75 square meters, derived under a registered relinquishment deed executed by her husband, and that her family is also in possession of adjacent properties originally bearing RS Nos.304 and 304/A1. According to the petitioner, despite production of registered sale deeds, relinquishment deed and mutation records, a repeated application seeking survey and fixation of boundaries were rejected on untenable technical grounds. It is contented - 3 - HC-KAR NC: 2026:KHC-D:964 WP No. 104833 of 2022 that the revenue authorities failed to discharge their statutory duty, acted mechanically and repeatedly declined to consider the matter on merits even after an earlier remand by this Court, culminating in an impugned order which is alleged to be arbitrary, contrary to law and violative of the principles of natural justice. 3. Respondent No.4 has filed detailed objections contending that the writ petition is misconceived and not maintainable. It is specifically asserted that CTS No.191 forms part of RS No.303/1 which belongs exclusively to respondent No.4 under a registered sale deed dated 27.05.2013, followed by a correction deed and lawful conversion for non-agricultural use, pursuant to which layouts are found and CTS numbers assigned. It is contended that the petitioner's title pertain only to CTS No.192/1 have no nexus whatsoever with CTS No.191 and the petitioner has deliberately attempted to include respondent No.4's property under the guise of a survey application. It is further stated that the petitioner - 4 - HC-KAR NC: 2026:KHC-D:964 WP No. 104833 of 2022 obstructed survey proceedings on multiple occasions, leading to reports by Assistant Director of Land Records and therefore submits that the impugned order is well considered order warranting no interference. 4. The petitioner essentially seeks a direction to the survey authority to carry out survey/ identification and fixation of boundaries based on registered documents and revenue/ CTS material. The Joint Director of Regional Land Records, while deciding the revision petition did not adjudicate the survey request on merits, however dismissed the revision petition without directing a fresh survey or demarcation. The Joint Director of Regional Land Records recorded a finding that the petitioner had not cooperated for spot inspection and on that premise declined to grant any relief. It is observed that the petitioner would again approach the Assistant Director of Land Records [for short ‘ADLR’] with records. The authorities under the land records/survey setup are expected to carry out survey identification for revenue purpose in accordance with law - 5 - HC-KAR NC: 2026:KHC-D:964 WP No. 104833 of 2022 after notice to the affected person. Respondent No.4 asserts that CTS No.191 pertains to RS No.303/1 belonging to her, supported by sale deed/conversion/layout/CTS records and alleges that the petitioner is attempting to include respondent No.4's property. These assertions show that the proposed survey exercise may affect rival claims and hence requires prior notice, spot inspection and participation of parties. Hence, the appropriate course is to ensure that the competent survey authority [respondent No.3-ADLR] undertakes the exercise as per procedure. Therefore, interference is warranted for limited extent of enabling a lawful reconsideration and survey. Since the disputes regarding title/extent may exist, it is necessary to clarify that survey, demarcation and consequential guarantees are not determinative of title and are subject to civil adjudication. Accordingly, this Court pass the following; - 6 - HC-KAR NC: 2026:KHC-D:964 WP No. 104833 of 2022 ORDER i) The writ petition is disposed of. ii) Respondent No.3-Assitant Director of Land Records, Hunagund, shall reconsider the petitioner's representation and conduct survey and identification for revenue purpose and fix/demarcate boundaries of the properties for which survey is sought with reference to the registered title documents produced by the parties, available survey/CTS records, conversion/layout records, if any, an existing CTS map. iii) The parties shall appear before the Respondent No.3-Assitant Director of Land Records, Hunagund, on 10.02.2026 at 11.00 AM without waiting for further notice. iv) The Respondent No.3-Assitant Director of Land Records, Hunagund, shall issue notice to - 7 - HC-KAR NC: 2026:KHC-D:964 WP No. 104833 of 2022 all the necessary stakeholders likely to be affected by the survey fixation. Afford them reasonable opportunity to conduct spot inspection/survey, draw mahazar, sketch as per the rules and pass a speaking order/report. v) The entire exercise, including issuance of notice, conduct of survey, preparation of sketch/mahazar and passing of the order shall be completed within four [4] weeks from 10.02.2026. vi) It is made clear that the survey, demarcation and entries, if any, are only for revenue/identification purpose and shall not confer, take away or declare title and shall be subject to the result of any civil proceedings if instituted or pending. vii) It is also made clear that the impugned order passed by the Joint Director of Regional - 8 - HC-KAR NC: 2026:KHC-D:964 WP No. 104833 of 2022 Land Records shall not come in the way of fresh consideration. Sd/- JUSTICE K.S.HEMALEKHA AT/Ct:VH List No.: 1 Sl No.: 22