- 1 - HC-KAR NC: 2026:KHC-D:880 WP No. 109602 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.109602 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SHRI. SHANKAR S/O. NINGAPPA GANIGER AGE. 46 YEARS, OCC. AGRICULTURE AND PVT. WORK, R/O. HOUSE NO.#34, “SHRI MAILAR”, CHANNBASAVESHWAR NAGAR, DHARWAD-580007, TQ. AND DIST. DHARWAD. 2. SMT. REKHA SAJJAN W/O. SHANAKAR GANIGER, AGE. 40 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. HOUSE NO.#34, “SHRI MAILAR”, CHANNBASAVESHWAR NAGAR, DHARWAD-580007, TQ. AND DIST. DHARWAD. …PETITIONERS (BY SRI. DEEPAK S.KULKARNI, ADVOCATE) AND: 1. THE ASSISTANT DIRECTOR OF LAND RECORDS, DISTRICT COLLECTOR’S OFFICE, ULAVI CHANNBASAVESHWAR HILLS, NEAR HINDI PRACHAR SABHA, DHARWAD-580002, TALUKA AND DISTRICT. DHARWAD. 2. SHRI. M.S. AMATANAVAR, AGE ABOUT 50 YEARS, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.05 14:19:33 +0530 - 2 - HC-KAR NC: 2026:KHC-D:880 WP No. 109602 of 2025 OCC. LICENSED SURVEYOR, C/O. THE ASSISTANT DIRECTOR OF LAND RECORDS, DISTRICT COLLECTOR’S OFFICE, ULAVI CHANNBASAVESHWAR HILLS, NEAR HINDI PRACHAR SABHA, DHARWAD-580002, TALUKA AND DISTRICT. DHARWAD. 3. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, BY ITS SECRETARY, M.S. BUILDING, BENGALURU-560002. 4. SHRI. BASAYYA S/O. GURUBASAYYA BELLAKKIMATH, AGE. 55 YEARS, OCC. AGRICULTURIST, R/O. NIGADI, TQ. AND DIST. DHARWAD-580118. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R3; SRI. V.S.KALASURMANTH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER OR DIRECTION, MORE IN THE NATURE OF WRIT OF CERTIORARI, QUASHING AND SETTING ASIDE THE SURVEY REPORT PREPARED BY RESPONDENTS NO-1 AND 2 UNDER VW-3/213/2025-26 [VIVA- 3/213/2025-26], ON APPLICATION NO. 09011224308577 ON 19-09- 2025 AND 20-09-2025 IN RESPECT OF R.S. NO-32/1A/7/1 AND R.S. NO-32/1A/7/3, SITUATED AT AMBLIKOPPA VILLAGE, THE COPY OF THE SAID SURVEY IS FURNISHED AS ANNEXURE-A, AND THE AS THE SAME IS HIGHLY PERVERSE AND ILLEGAL 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 - 3 - HC-KAR NC: 2026:KHC-D:880 WP No. 109602 of 2025 ORAL ORDER The petitioners have called in question the legality and validity of the survey report prepared by respondents No.1 and 2 in respect of the scheduled property on the ground that the said survey has been conducted in gross violation of the principles of natural justice and in contravention of the directions issued by this Court in an earlier Writ Petition. 2. Brief facts: The land bearing R.S.No.32/1A/7/2 measuring 2-Acre 26-Guntas situated at Amblikoppa village, Dharwad Taluk was originally belonged to one Krishna Kallu Shiradwade, who had purchased the same under registered sale deed dated 22.02.1999. On account of interference of respondent No.4, a suit for perpetual injunction came to be filed in OS No.134 of 2013 on the file of II Additional Civil Judge and JMFC-II Court, Dharwad, which was decreed in favour of the then owner on 01.09.2015, restraining interference with his possession. After the death of the original owner, his legal - 4 - HC-KAR NC: 2026:KHC-D:880 WP No. 109602 of 2025 heirs were brought on record in the revenue entries and subsequently, conveyed the property in favour of the petitioner under a registered sale deed dated 28.05.2025. The petitioners have stated to be in lawful possession and cultivation of the scheduled property. Thereafter, respondent No.4 filed an application seeking Phodi and Durasti in respect of the adjoining land. This Court in the case of Basayya S/o Gurubasayya Bellakkimath vs. The Assistant Director of Land Records1 (Basayya) directed the Revenue Authorities to consider the application after issuing notice to all the stakeholders in Survey No.32 and to carryout a proper survey and demarcation. Pursuant thereto, respondents No.1 and 2 conducted a survey on 19.09.2025, 20.09.2025 and prepared a survey report alleging encroachment by the petitioners to an extent of 1 Acre 30 Guntas. The said survey report, is impugned in the present writ petition. 1 WP No.101081/2025 (Disposed on 14.02.2025) - 5 - HC-KAR NC: 2026:KHC-D:880 WP No. 109602 of 2025 3. Learned counsel for the petitioners contends that the impugned survey report is vitiated and the survey was conducted without issuing notice to the petitioners, though they were the owners and persons in possession as on the date of survey. It is urged that the survey was conducted selectively in respect of the lands claimed by respondent No.4 without surveying the entire Survey No.32 or issuing notice to all the stakeholders as expressly directed by this Court in the case of Basayya (supra). It is further contended that the survey was conducted hurriedly and in the absence of the petitioners, thereby depriving them of an opportunity of participation, rendering the survey report arbitrary, illegal and violative of principles of natural justice. 4. Per contra, learned counsel appearing for respondent No.4 submits that the survey was conducted pursuant to the directions issued by this Court in the case of Basayya (supra) and the survey report clearly reflects the ground situation. It is contended that respondent No.4 has - 6 - HC-KAR NC: 2026:KHC-D:880 WP No. 109602 of 2025 acted within his legal rights and the petitioners cannot avoid a lawful survey merely by raising technical objection. 5. This Court has carefully considered the contentions urged and perused the material on record. 6. The core issue that arises for consideration is; “Whether the impugned survey report is sustainable in law, having regard to the principles of natural justice and the directions issued by this Court in earlier Writ Petition.” 7. A perusal of the order dated 14.02.2025 passed in the case of Basayya (supra), would clearly indicate that this Court had directed the authority to issue notice to all the stakeholders of Survey No.32 of Amblikoppa and thereafter conduct a survey and demarcation. The said direction was not an empty formality, but intended to ensure transparency, fairness and participation of all the interested persons. - 7 - HC-KAR NC: 2026:KHC-D:880 WP No. 109602 of 2025 8. In the present case, it is not in dispute that the petitioners though they were the owners and persons in a possession as on the date of the survey, were not issued notice prior to conducting the survey. The material on record also indicates that the survey was confined only to the lands claimed by respondent No.4 without undertaking a comprehensive survey of Survey No.32 or associating all the stakeholders. Conducting a survey affecting the civil rights and possession of the parties without affording them an opportunity of hearing, and without due application of mind, strikes at the very root of the principles of natural justice. Any administrative or quasi-judicial action having civil consequences must necessarily confirm to fairness and procedural propriety. This Court is of the considered opinion that the impugned survey report prepared by respondents No.1 and 2, cannot be sustained and is liable to be quashed. 9. Accordingly, this Court pass the following: - 8 - HC-KAR NC: 2026:KHC-D:880 WP No. 109602 of 2025 ORDER i. The writ petition is allowed. ii. The impugned survey report dated 19.09.2025, 20.09.2025 prepared by respondents No.1 and 2 in respect of the scheduled properties, are hereby quashed. iii. The matter is remitted to respondent No.1 to conduct a fresh survey strictly in accordance with law and in compliance with the order dated 14.02.2025 passed by this Court in the case of Basayya (supra) after issuing notice to all stakeholders, clearly indicating the date of survey. The entire exercise, including issuance, service of notice, conduct of survey and passing of the appropriate order, shall be completed within eight weeks from the date of the receipt of certified copy of this order. - 9 - HC-KAR NC: 2026:KHC-D:880 WP No. 109602 of 2025 iv. The petitioners and respondent No.4 shall appear before respondent No.1 on 10.02.2026 at 03.00 p.m. without expecting any further notice. v. It is made clear that respondent No.1 shall record the entire proceedings, including the issuance of notices, appearances, the conduct of the survey, and the presence of the parties on the date of the survey. Sd/- JUSTICE K.S.HEMALEKHA AM/- Ct:VH List No.: 1 Sl No.: 116