Writ Petition No. 36469 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:24254 WP No. 36469 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 36469 OF 2024 (KLR-RES) BETWEEN: 1. SMT.HONNAMMA, W/O LATE PURVACHARI, AGED ABOUT 81 YEARS, R/AT. THODRANAL VILLAGE, T. NULENUR POST, HOLALAKERE TALUK, CHITRADURGA DISTRICT - 577 557.
Legal Reasoning
(BY SRI BHAT GANAPATHY NARAYAN, ADVOCATE) …PETITIONER Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE ASSISTANT DIRECTOR OF LAND RECORDS HOLALAKERE TALUK, HOLALAKERE, CHITRADURGA DISTRICT - 577 598. 3. SRI E. NAGARAJA, S/O SRI V. ESHWARAPPA, AGED ABOUT 45 YEARS, R/AT. THODRANAL VILLAGE, T. NULENUR POST, - 2 - NC: 2025:KHC:24254 WP No. 36469 of 2024 HC-KAR HOLALAKERE TALUK, CHITRADURGA DISTRICT - 577 557. 4. SRI E. MAHENDRAPPA, S/O SRI V. ESHWARAPPA, AGED ABOUT 43 YEARS, R/AT. THODRANAL VILLAGE, T. NULENUR POST, HOLALAKERE TALUK, CHITRADURGA DISTRICT - 577 557. (BY SRI SIDDHARTH BABURAO, LEARNED AGA FOR R1 AND R2; SRI SANTHOSH R.NELKUDRI, ADVOCATE FOR R3 AND R4) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 06.11.2024 BEARING SL.NO.BHU.SANI.HI.NO/130/2024-25 ISSUED BY RESPONDENT NO.2 AS PER ANNEXURE-J AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the Endorsement dated 06.11.2024 (Annexure-J) issued by respondent No.2, inter alia, sought for direction to respondent No.2 to conduct survey and to issue phodi in respect of the land bearing survey No.21/1 measuring 16 acres of land (including Gokatte) belonging Sri Purvachari and Sri Jakanachari. - 3 - NC: 2025:KHC:24254 WP No. 36469 of 2024 HC-KAR 2. Heard Sri Bhat Ganapathy Narayan, learned counsel appearing for petitioner, Sri Siddharth Baburao, learned Additional Government Advocate appearing of respondent Nos.1 and 2 and Sri Santhosh R.Nelkudri, learned counsel appearing for respondent Nos.3 and 4. 3. Learned counsel appearing for petitioner invited the attention of the Court to the finding recorded by respondent No.2 at Annexure-J as well as the extent of land insofar as mentioned in the registered sale deed dated 08.03.2000 produced at Annexure-D to the writ petition and contended that, in the registered sale deed the land pertaining to the Gokatte has been excluded insofar as the portion allotted in favour of Sri Jakanachari's share is concerned. Accordingly, he submitted that, the finding recorded by respondent No.2 requires to be interfered with in this case. 4. Per contra, Sri Santhosh R.Nelkudri, learned counsel appearing for respondent Nos.3 and 4 submitted - 4 - NC: 2025:KHC:24254 WP No. 36469 of 2024 HC-KAR that, the writ petition suffers from non joinder of parties are concerned and that apart it is submitted that, since there is a dispute pertaining to the measurement of land in question concerned, they are regarded to be adjudicated before this Court. 5. Sri Siddharth Baburao, learned Additional Government Advocate for respondent Nos.1 and 2 sought to justify the impugned Endorsement at Annexure-J and submitted that, respondent No.2 has arrived at a conclusion to relegate the parties to establish their rights insofar as the subject land is concerned together with the total extent of land belonging to the petitioner and respondent Nos.3 and 4 are concerned and therefore, sought to justify the impugned Endorsement at Annexure-J. 6. In light of the submission made by the learned counsel appearing for the parties, on careful examination of the writ papers would indicate that, the total extent of - 5 - NC: 2025:KHC:24254 WP No. 36469 of 2024 HC-KAR land in Survey No.21/1 is 20 acres 29 guntas, wherein 16 acres 23 guntas is cultivable land and 4 acres 6 guntas is 'B' Kharab land. 7. It is also forthcoming from the writ petition that, there was a partition between the brothers, namely, Sri Purvachari and Sri Jakanachari, wherein out of 16 acres 23 guntas of cultivated land, Sri Purvachari was allotted with 10 acres of land and insofar as Sri Jakanachari is concerned, 6 acres 23 guntas of land was alloted. The said Sri Jakanachari, has sold 5 acres 23 guntas of land in favour of one Sri E.Nagaraj and Sri E.Mahindra as per the registered sale deed produced at
Decision
Annexure-D to the writ petition. 8. In that view of the matter, on careful examination of the recitals in the registered sale deed makes it clear that the Gokatte, which is the 'B' Kharab land has been specifically excluded from the total extent of land made in favour of Sri Jakanachari. In that view of the matter, I find - 6 - NC: 2025:KHC:24254 WP No. 36469 of 2024 HC-KAR force in the submission made by the learned counsel appearing for petitioner that, respondent No.2 - Assistant Director of Land Records is required to conduct survey by taking into consideration the total extent of land, which has been allotted in favour of Sri E.Nagaraja and E.Mahindra as per registered sale deed dated 08.03.2000 excluding the land, which has been identified as 'B' Kharab. 9. In that view of the matter, the impugned endorsement at Annexure-J dated 06.11.2024 is liable to be set-aside and the matter is remitted to respondent No.2 to pursue the survey and phodi in respect of the subject land and conclude the same within four months from the date of receipt of copy of this Order. 10. It is made clear that, in the event the private respondents are being aggrieved by extent of land is concerned, it is open for them to recourse to law in a manner known to law. - 7 - NC: 2025:KHC:24254 WP No. 36469 of 2024 HC-KAR With this observation, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE CPN List No.: 1 Sl No.: 51