Karnataka High Court
Sri. Kempanna vs The State Of Karnataka on 21 February, 2026
Author: R Devdas
Bench: R Devdas
-1-
NC: 2026:KHC:10810
WP No. 39432 of 2025
C/W WP No. 39467 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 39432 OF 2025 (KLR-RR/SUR)
C/W
WRIT PETITION NO. 39467 OF 2025 (KLR-RES)
IN WP No. 39432/2025
BETWEEN:
SRI. KEMPANNA
S/O SRI. PATALAPPA
AGED ABOUT 73 YEARS,
RESIDING AT MADAPPANAHALLI VILLAGE,
HESARGATTA HOBLI, BANGALORE NORTH TALUK,
BENGALURU - 560 064.
...PETITIONER
(BY SRI. NAVEEN KUMAR S.R, ADVOCATE)
Digitally signed
by
SHARADAVANI AND:
B
Location: High
Court of 1. THE STATE OF KARNATAKA
Karnataka
DEPARTMENT OF REVENUE
M.S BUILDING, DR. B.R. AMBEDKAR ROAD,
BENGALURU - 560 001,
REP. BY ITS PRINCIPAL SECRETARY.
2. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT,
KANDAYA BHAVAN
BENGALURU - 560 001.
-2-
NC: 2026:KHC:10810
WP No. 39432 of 2025
C/W WP No. 39467 of 2025
HC-KAR
3. THE DEPUTY DIRECTOR OF LAND RECORDS AND
TECHNICAL ASSISTANT DIRECTOR TO
DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT,
BENGALURU - 560 001.
4. THE ASSISTANT COMMISSIONER,
BANGALORE NORTH SUB-DIVISION,
KANDAYA BHAVAN,
BENGALURU - 560 009.
5. THE ASSISTANT DIRECTOR OF
LAND RECORDS, YELAHANKA TALUK,
BENGALURU DISTRICT,
BENGALURU - 560 064.
6. THE TAHSILDAR
YELAHANKA TALUK,
BENGALURU DIST.,
BENGALURU - 560 064.
...RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R5 AND 6 TO CONSIDER REPRESENTATIONS DATED 16.06.2025 RECEIVED ON 27.06.2025 AT ANNX-A AND B IN A TIME BOUND MANNER FOR CONDUCTING PHODI AND DURUSTI IN RESPECT OF PETITIONERS PROPERTY BEARING SY. NO. 7 MEASURING 355 GUNTAS SITUATED AT CHOKKANAHALLI VILLAGE, HESARAGATTA HOBLI, YELAHANKA TALUK, BENGALURU NORTH.
-3-NC: 2026:KHC:10810 WP No. 39432 of 2025 C/W WP No. 39467 of 2025 HC-KAR IN WP NO. 39467/2025 BETWEEN:
SRI. P. VEERANNA S/O SRI. PATALAPPA AGED ABOUT 65 YEARS, RESIDING AT MADAPPANAHALLI VILLAGE, HESARGATTA HOBLI, BANGALORE NORTH TALUK, BENGALURU - 560 064.
...PETITIONER (BY SRI. NAVEEN KUMAR S.R, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S BUILDING, DR. B.R. AMBEDKAR ROAD, BENGALURU - 560 001, REP. BY ITS PRINCIPAL SECRETARY.
2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KANDAYA BHAVAN BENGALURU - 560 001.
3. THE DEPUTY DIRECTOR OF LAND RECORDS AND TECHNICAL ASSISTANT DIRECTOR TO DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU - 560 001.
4. THE ASSISTANT COMMISSIONER, BANGALORE NORTH SUB-DIVISION, KANDAYA BHAVAN, -4- NC: 2026:KHC:10810 WP No. 39432 of 2025 C/W WP No. 39467 of 2025 HC-KAR BENGALURU - 560 009.
5. THE ASSISTANT DIRECTOR OF LAND RECORDS, YELAHANKA TALUK, BENGALURU DISTRICT, BENGALURU - 560 064.
6. THE TAHSILDAR YELAHANKA TALUK, BENGALURU DIST., BENGALURU - 560 064.
...RESPONDENTS (BY SRI. SHAMANTH NAIK, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R5 AND 6 TO CONSIDER REPRESENTATIONS DATED 16.06.2025 RECEIVED ON 27.06.2025 AT ANNX-A AND B IN A TIME BOUND MANNER FOR CONDUCTING PHODI AND DURUSTI IN RESPECT OF PETITIONERS PROPERTY BEARING SY. NO. 7 MEASURING 355 GUNTAS SITUATED AT CHOKKANAHALLI VILLAGE, HESARAGATTA HOBLI, YELAHANKA TALUK, BENGALURU NORTH.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL COMMON ORDER On the previous date of hearing, this Court, having noticed the material available on record, having found that the RTCs are standing in the name of the petitioner, directed the -5- NC: 2026:KHC:10810 WP No. 39432 of 2025 C/W WP No. 39467 of 2025 HC-KAR respondent-Tahsildar, Yelahanka Taluk, to say as to whether the phodi and durast of the other granted lands have already been done or not. Even otherwise, it was directed that the Tahsildar will have to say how much time is required to conduct the phodi and durast.
2. Today the learned High Court Government Pleader has furnished a copy of communication dated 27.01.2025 made by the Tahsildar to the Assistant Commissioner, Bangalore North Sub-Division, stating various reasons for recommending cancellation of the grant said to have been made in favour of the petitioner.
3. Such an action on the part of the Tahsildar is condemnable and this Court has held in several such cases that when a person seeks phodi and durast, the Tahsildar and the concerned Assistant Director of Land Records are required to proceed to conduct the phodi and durast proceedings when the RTCs are standing in the name of the person. There is no reason why the Tahsildar should recommend cancellation of the grant that was made in the year 1998-1999. -6-
NC: 2026:KHC:10810 WP No. 39432 of 2025 C/W WP No. 39467 of 2025 HC-KAR
4. Consequently, these writ petitions stand disposed of with a specific direction to respondent No.6-Tahsildar, Yelahanka Taluk and respondent No.5-Assistant Director of Land Records, Yelahanka Taluk, to proceed to conduct the phodi and durast of the land in question as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. Any further delay on the part of the respondents will be taken seriously and serious consequences will devolve on respondents Nos.5 and 6, if this order is not complied with.
Sd/-
(R DEVDAS) JUDGE rv List No.: 1 Sl No.: 20