- 1 - HC-KAR NC: 2026:KHC-D:590 WP No. 109260 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 109260 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SHRI. SHIVAJI S/O. HANAMANTRAO DESAI AGE: 90 YEARS, OCC: RETIRED, R/O. 202, NIVARA HOUSING SOCIETY, NEAR GORAI BUS DEPO, BORIVALI WEST, MUMBAI-400092. 2. SHRI. UDAY S/O. SHAHU DESAI AGE: 47 YEARS, OCC: BUSINESS, R/O. S.NO. 50/3, PLOT NO. 10, BEHIND ANKUR HOSPITAL, DOCTOR COLONY, GADHINGAJ, DIST: KOLHAPUR-416502. …PETITIONERS (BY SRI. SHREEVATSA HEGDE, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BELAGAVI-590001. 2. THE ASSISTANT DIRECTOR OF LAND RECORDS BELAGAVI-590001. 3. THE TAHSILDAR BELAGAVI-590001. 4. THE BELAGAVI URBAN DEVELOPMENT AUTHORITY, ASHOK NAGAR, BELAGAVI-590001, BY ITS COMMISSIONER. …RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1 TO R3) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.28 10:27:55 +0530 - 2 - HC-KAR NC: 2026:KHC-D:590 WP No. 109260 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 3 TO CONDUCT THE SURVEY OF THE PROPERTY OF THE PETITIONER PLOT NO.35 ARISING OUT OF R.S.NO.164/1+2+3+4 AFTER DUE NOTICE TO ALL THE INTERESTED AND ALSO BY DIRECTING THE RESPONDENT NO.4 TO EXTEND EVERY NECESSARY ASSISTANCE VIDE ANNEXURE-H DATED 16.12.2024 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 ORAL ORDER 1. The petitioners are seeking a writ of mandamus directing respondent Nos.1 to 3 to conduct a survey of the petitioners' property bearing Plot No.34, carved out of R.S.No.164/1+2+3+4 of Hindalaga Village, Belagavi, after issuing due notice to all interested persons, and for a consequential direction to respondent No.4 - Belagavi Urban Development Authority, to extend necessary assistance. 2. Brief Facts of the case: 2.1. The petitioners' claim title under the Registered Sale deed Dated 13.03.1948. - 3 - HC-KAR NC: 2026:KHC-D:590 WP No. 109260 of 2025 2.2. According to them, though a Co-operative Housing Society subsequently purchased adjacent lands under a registered sale deed dated 29.05.1967, the said sale deed specifically excluded the petitioners’ plot. 2.3. It is the grievance of the petitioners that, notwithstanding such exclusion, the Society has allegedly included the petitioners’ land while forming a layout and allotting sites. 2.4. It is further placed on record that the petitioners have instituted O.S.No.1080/2021 seeking declaration and injunction. 2.5. In order to identify and demarcate their property and to protect their rights, the petitioners made a representation to the revenue authority seeking survey and demarcation of the land. 2.6. As the said request has not been acted upon, the present writ petition is filed. - 4 - HC-KAR NC: 2026:KHC-D:590 WP No. 109260 of 2025 3. Learned counsel for the petitioners contends that the authorities are under a statutory obligation to conduct survey when a lawful request is made and that refusal or inaction has resulted in grievous prejudice to the petitioners' right to property. 4. Per Contra, learned Additional Government Advocate appearing for respondent Nos.1 to 3 submits that R.S.No.164 is a large extent of land and that any survey would necessarily require notice to all interested persons and consideration in accordance with law. 5. This Court has considered the contentions urged and perused the material on records. 6. The relief sought by the petitioners is limited to conducting a survey and identification of Plot No.35. No adjudication on title or possession is sought in this petition. The request made by the petitioners falls - 5 - HC-KAR NC: 2026:KHC-D:590 WP No. 109260 of 2025 within the statutory functions of the revenue authorities. 7. Having regard to the facts pleaded, this Court is of the view that the grievance of the petitioners can be adequately addressed by directing the competent authority to conduct a survey strictly in accordance with law, after issuing notice to all concerned. 8. Accordingly, this Court passes the following order: ORDER i. The writ petition is disposed of. ii. Respondent No.2-The Assistant Director of Land Records, Belagavi and Respondent No.3 – Tahsildar, Belagavi, are directed to conduct a survey of the property bearing Plot No.35 arising out of R.S.No.164/1+2+3+4 of Hindalaga Village, Belagavi, and determine its identity and measurements as per the representation submitted at Annexure-H. * iii. Prior to conducting the survey, due notice shall be issued to all the interested and affected persons, indicating the date fixed for survey. *Corrected vide Court order dated 27.02.2026 Sd/- (KSHJ) - 6 - HC-KAR NC: 2026:KHC-D:590 WP No. 109260 of 2025 iv. The survey shall be conducted strictly in accordance with law on the basis of the relevant records and documents produced by the parties. v. The entire exercise shall be completed within a period of three months from the date of receipt of the certified copy of this order. vi. Respondent No.4 - Belagavi Urban Development Authority, shall extend necessary cooperation and assistance for conduct of the survey, in accordance with law. vii. It is clarified that this Court has not expressed any opinion on title or possession and all such issues are left open to be adjudicated before the competent Civil Court. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 25