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2026 DAILYLAW 829 (KAR)

SMT. CLAMITH ALMEDIA v. THE STATE OF KARNATAKA

WP/7524/2026 · 2026-03-06

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13764 WP No. 7524 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 7524 OF 2026 (KLR-RR/SUR) BETWEEN: 1. SMT. CLAMITH ALMEDIA W/O PHILIP D'SOUZA, AGED ABOUT 53 YEARS R/AT NO.102, SAVERIA GOLD WINGS, 4TH CROSS, KUVEMPU NAGAR, DODDAKALLASANDRA, BENGALURU - 560 062. 2. SRI. FELIX D'SOUZA S/O PIETER D' SOUZA, AGED ABOUT 61 YEARS R/AT SOPPUGADDE, RAGHAVENDRA BHADAVANE, THIRTHALLI, SHIVAMOGGA - 577 432. …PETITIONERS (BY SRI. UMESH MOOLIMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE DEPARTMENT OF REVENUE, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, AMBEDKAR VEEDHI, KARNATAKA-560 001. Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13764 WP No. 7524 of 2026 2. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA-572 001. 3. THE ASSISTANT COMMISSIONER, SHIVAMOGGA SUB-DIVISION, SHIVAMOGGA-572 001. 4. THE TAHSILDAR, TALUK OFFICE, THIRTHAHALLI TALUK-577 432, SHIVAMOGGA DISTRICT. 5. REGIONAL JOINT DIRECTOR OF LAND RECORDS, SHIVAMOGGA DISTRICT, SHIVAMOGGA-572 001. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R4 AND NO.5 AUTHORITY TO CONDUCT PHODI -DURASTH IN RESPECT OF THE LAND BEING SURVEY NO.11/1, TOTALLY MEASURING 28 ACRES AND 07 GUNTAS INCLUDING 1 ACRE OF 'A' KHARAB AND 07 GUNTAS OF 'B' KHARAB, SITUATED AT SHIRUPATHI VILLAGE, KASABA HOBLI, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT, IN ACCORDANCE WITH THE NOTICE DATED 30/01/2026 (ANNX-A) ISSUED BY THE R4 AUTHORITY IN PHODI APPLICATION NO.15050925901045 AND IF NECESSITATES WITH THE LOCAL POLICE HELP AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:13764 WP No. 7524 of 2026 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. 2. Learned counsel for the petitioners submits that the petitioners have given representation to respondent No.4 - the Tahsildar for phodi and durasth of their lands. Learned counsel submits that appropriate directions may be given to the concerned respondents to carry out the phodi and durasth. 3. Learned High Court Government Pleader however submits that normally this Court would direct the parties to file online application for phodi and durasth. However, in respect of granted lands, since the phodi and the durasth have to be conducted simultaneously in respect of all the granted lands, sufficient time may be required to complete the process. Learned HCGP submits on instructions that land in question situated in the Sy.No.11 of Shirupathi Village, Thirthahalli Taluk, Shivamogga District comprises of large extent of lands - 4 - HC-KAR NC: 2026:KHC:13764 WP No. 7524 of 2026 i.e., 33 acres. Therefore, sufficient time will have to be granted to the respondents to complete the phodi and durasth. 4. The learned High Court Government Pleader submits on instructions that the process has already begun. 5. Consequently, the writ petition stands disposed of with a direction to respondent No.4 - Tahsildar, Thirthahalli to complete the process of phodi and durasth, as expeditiously as possible and at any rate within a period of four months from the date of receipt of a copy of this order. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE GPG List No.: 1 Sl No.: 25