- 1 - HC-KAR NC: 2026:KHC:19879 WP No. 24760 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24760 OF 2022 (GM-RES) BETWEEN: SRI SHANKARA S/O LT.BOREGOWDA AGED ABOUT 48 YEARS R/AT NO.53/6, MANIKYA NILAYA VINAYAKA LAYOUT HALANAYAKANAHALLI BANGALORE -560 035 …PETITIONER (BY SRI. SATISH K., ADVOCATE) AND: THE COMMISSIONER DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS K.R.CIRCLE BANGALORE- 560 001 …RESPONDENT (BY SRI.MAHANTESH SHETTAR, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENT IN RESPECT OF THE IMPUGNED ORDER DATED 06.05.2022 (ANNEXURE-L). THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19879 WP No. 24760 of 2022 ORAL ORDER The present writ petition is filed seeking the following prayer: i. Call for records from the respondent in respect of the impugned order dated 06.05.2022 (Annexure-L) ii. Issue writ or order quashing the impugned order dated 06.05.2022 bearing No.SSLR/PMU/13011/48/2019 passed by the Respondent (Annexure-L) and consequently permit the petitioner to work as licensed Surveyor and extend all consequential benefits, in the interest of justice and equity; iii. Pass any other order which this Hon’ble Court deems fit, including cost of the writ petition, in the interest of justice and equity. 2. The facts of the case are that petitioner is the holder of Survey licence from 2002 under Rule 46C of Karnataka Land Revenue Rules, 1966. On the ground that one Sri.Venkatesh has given a complaint to the Assistant Director of Land Records alleging that the petition has prepared 11-E sketch contrary to law. A preliminary inquiry was conducted by the Assistant Director of Land Records and a report was submitted on 21.03.2019 categorically stating that petitioner has not prepared the 11-E sketch in question since the petitioner has - 3 - HC-KAR NC: 2026:KHC:19879 WP No. 24760 of 2022 never worked in the office of Assistant Director of Survey Squad-3. Thereafter, one Sri Venkatesh has given a complaint that 11-E sketch is prepared by the petitioner illegally. The Deputy Director of Land records was asked to hold an enquiry and report was submitted on 03.03.2021 reiterating the fact that 11-E sketch was not prepared by the competent authority and there is no evidence to the effect that the petitioner has prepared 11-E sketch and further it is observed that the petitioner may be exonerated from the charges levelled against him. 3. On 29.11.2021 a show cause notice was issued by the Additional Director, Department of survey Settlement and Land Records to the petitioner and the petitioner has submitted his reply on 08.12.2021. In the said show cause notice there is a mention about the enquiry report dated 21.03.2019. Then another show cause notice was issued on 07.03.2022 in that there is a mention about the enquiry report by the DDLR dated 03.03.2021 for that also petitioner has submitted his reply on 10.03.2022. Thereafter, on 06.05.2022 the order impugned came to be passed by the respondent cancelling the survey - 4 - HC-KAR NC: 2026:KHC:19879 WP No. 24760 of 2022 license issued in favour of the petitioner invoking Rule No. 46K of the Karnataka Land Revenue Rules, 1966. 4. Learned counsel appearing to the petitioner submits that the Assistant Director of Land Records and Deputy Director of Land Records have conducted the enquiry and placed two reports dated 21.03.2019 and 03.03.2021. When two reports are placed, even thereafter two show cause notices were issued wherein the inquiry reports are referred in the said show cause notice. The impugned order is silent about those two reports. It is submitted that the order that is passed by the respondent is arbitrary illegal and contrary to both the reports. It is submitted that without there being any material, on what basis respondent has come to the conclusion that the petitioner himself has issued the sketch contrary to law is not forthcoming. It is submitted that the sketch was prepared in the year 2006 and a complaint was given in 2019. 5. Learned AGA submits that they have filed the detailed objections. It is submitted that as the respondent has come to the conclusion that the petitioner is involved in issuing a sketch contrary to the provisions of the Act, the impugned order is - 5 - HC-KAR NC: 2026:KHC:19879 WP No. 24760 of 2022 passed. It is submitted that before passing the impugned order, the petitioner was given an opportunity and the respondents have followed the principles of natural justice and there is no irregularity with the order impugned. 6. Having heard the counsels on either side, perused the entire material on record. The alleged sketch is prepared according to the complainant in the year 2006. Admittedly complaint was given in the year 2019. On his complaint, enquiry was conducted by the ADLR on 21.03.2019 and the report is given that the petitioner is not involved in the same. Again another complaint by one Venkatesh, another report was given by the DDLR on 03.03.2021. In both the reports, there is a clear finding that the petitioner is not involved in the same and he has not prepared the said 11E sketch. This Court is not able to understand, inspite of the said report, a show cause notice is given and interestingly in both the show cause notices, the reference is to the reports of the ADLR and the DDLR. When it comes to the order impugned, the respondent has not even considered the said reports. There is no mention about the same nor he has given any reasons to come to such a - 6 - HC-KAR NC: 2026:KHC:19879 WP No. 24760 of 2022 conclusion on the face of it. The order passed by the respondent herein is liable to be set aside in the light of the report dated 21.03.2019 and 03.03.2021. 7. Accordingly this court is passing the following: ORDER i. The writ petition is Allowed by setting aside the order passed by the respondent dated 06.05.2022 in bearing No.SSLR/PMU/13011/48/2019. ii. It is needless to mention that in the light of the order passed by this Court setting aside the order dated 06.05.2022, the petitioner's license shall be restored if no other cases are pending against the petitioner. iii. Pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 20