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Karnataka High Court

Sri. B K Narayanaswamy vs State Of Karnataka on 10 March, 2025

Author: N S Sanjay Gowda

Bench: N S Sanjay Gowda

                                              -1-
                                                         NC: 2025:KHC:9924
                                                       WP No. 6022 of 2025




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 10TH DAY OF MARCH, 2025

                                            BEFORE
                          THE HON'BLE MR JUSTICE N S SANJAY GOWDA

                          WRIT PETITION NO. 6022 OF 2025 (KLR-RES)

                   BETWEEN:
                   1.    SRI. B.K. NARAYANASWAMY
                         S/O LATE KRISHNAPPA
                         AGED ABOUT 44 YEARS
                         R/AT BACHAHALLI VILLAGE
                         KUNDANA HOBLI, DEVANAHALLI
                         TALUK - 562 110

                   2.    SRI. R. NARYANAPPA
                         S/O LATE RAMAIAH
                         AGED ABOUT 54 YEARS
                         R/AT SULIKUNTE VILLAGE,
                         KUNDANA HOBLI, DEVANAHALLI
                         TALUK - 562 110

                   3.    SRI. MUNISHAMAPPA
Digitally signed
                         S/O DODDA PILLAIAH
by SWAPNA V              AGED ABOUT 70 YEARS
Location: high           R/AT SULIKUNTE VILLAGE,
court of                 KUNDANA HOBLI, DEVANAHALLI
karnataka
                         TALUK - 562 110
                                                            ...PETITIONERS
                   (BY SRI. CHOKKAREDDY, ADVOCATE)

                   AND:
                   1.    STATE OF KARNATAKA
                         UNDER SECRETARY TO
                         REVENUE DEPARTMENT
                         M.S. BUILDING, AMBEDKAR
                         VEEDHI, BANGALORE - 560 001
                               -2-
                                       NC: 2025:KHC:9924
                                     WP No. 6022 of 2025




2.   TAHSILDAR
     DEVANAHALLI TALUK
     DEVANAHALLI - 562 110

3.   ASSISTANT DIRECTOR OF LAND
     RECORDS, DEVANAHALLI TALUK
     DEVANAHALLI - 562 110

4.   TALUK SURVEYOR
     DEVANAHALLI TALUK
     DEVANAHALLI - 562 110

5.   SRI MANUKUMAR .D.
     LICENSE SURVEYOR
     FATHER NAME NOT KNOWN,
     AGED ABOUT 28 YEARS
     OFICE AT DEVANAHALLI TALUK
     OFFICE, DEVANAHALLI - 562 110

6.   SRI. NAGESH .K.
     S/O KRISHNAPPA
     AGED ABOUT 40 YEARS
     R/AT LINGADEERAGOLAHALLI
     KUNDANA HOBLI
     DEVANAHALLI - 562 110

7.   SRI. CHETHAN RAM .D.
     S/O D. DUMPEGOWDA
     AGED ABOUT 35 YEARS
     R/AT NO.25, 5TH CROSS,
     2ND MAIN, 3RD BLOCK,
     HRBR LAYOUT,
     BANGALORE - 560 043
                                           ...RESPONDENTS

(BY SRI. K. MANJUNATH, AGA FOR R1 TO R4,
 V/O DATED 27.02.2025, NOTICE TO R5 TO R7
 IS DISPENSED WITH)
                                -3-
                                             NC: 2025:KHC:9924
                                           WP No. 6022 of 2025




     THIS W.P. IS FILED UNDER ARTICLES 226 & 227
CONSTITUTION OF INDIA PRAYING TO QUASH NOTICE ANNX-A
DTD. 19.02.2025 ISSUED BY THE R-5 ON THE APPLICATION
FILED BY THE R-6 AND 7 FOR CONDUCTING SURVEY/
HADHBASTH IN APPLICATION NO. 21030225573805 DTD.
01.02.2025 IN RESPECT OF SY.NO. 8/6 MEASURING 1 ACRE 12
GUNTAS, KARAB LAND OF 2 GUNTAS, OF SULIKUNTE VILLAGE,
KUNDANA HOBLI, DEVANAHALLI TALUK, BY ALLOWING THE
WRIT PETITION AND ETC.,

     THIS W.P., COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE N S SANJAY GOWDA

                         ORAL ORDER

The petitioner is seeking for quashing of a notice issued by the licensed surveyor contending that the procedural requirements have not been complied with by the license surveyor.

2. It is not in dispute that the license surveyor has prepared a sketch and sent the same for approval to the Assistant Director of Land Records (ADLR). It is also not in dispute that the petitioner has filed objections to the action taken to the licensed surveyor as per the -4- NC: 2025:KHC:9924 WP No. 6022 of 2025 representation dated 17.02.2025 and 18.02.2025, a copy of which is produced as per Annexures H and H1.

3. Learned counsel for the petitioner does not dispute the fact that the sketch would become effective only on its approval being granted by the Deputy Director of Land Records (DDLR). In the light of the fact that objections have been filed by the petitioner on 17.02.2025 and 18.02.2025, as per Annexures H and H1, before the ADLR and DDLR, it will be appropriate to dispose of the writ petition directing the ADLR and DDLR to consider the objections filed by the petitioner before approving the sketch prepared by the license surveyor. If the objections are to be upheld, obviously the sketch will not be approved. Hence, the writ petition is accordingly disposed of.

Sd/-

(N S SANJAY GOWDA) JUDGE BH