Karnataka High Court
Sri. Muniyappa vs State Of Karnataka on 18 July, 2025
-1-
NC: 2025:KHC:26943
WP No. 8870 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 8870 OF 2025 (KLR-RR/SUR)
BETWEEN:
1. SRI. MUNIYAPPA
S/O MUNIYAPPA,
AGED ABOUT 54 YEARS
R/AT: TARAHUNASE VILLAGE,
JALA HOBLI,
YALAHANKA TALUK,
BENGALURU-562 157.
2. SRI.MUNIANJINAPPA
S/O SANJEEVAPPA,
AGED ABOUT 54 YEARS,
R/AT: TARAHUNASE VILLAGE,
JALA HOBLI,
Digitally signed YALAHANKA TALUK,
by SHARMA BENGALURU-562157.
ANAND CHAYA
Location: HIGH ...PETITIONERS
COURT OF
KARNATAKA (BY SRI. BIPIN HEGDE., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPTD BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
AMBEDKAR VEEDHI,
-2-
NC: 2025:KHC:26943
WP No. 8870 of 2025
HC-KAR
BENGALURU -5600001.
2. THE TAHASHILDAR,
YALAHANKA TALUK,
YALAHANKA-560063.
3. THE DEPUTY DIRECTORS OF LAND RECORDS,
BENGALURU URBAN DISTRICT,
BENGALURU-560001.
4. THE ASSISTANT DIRECTORS OF
LAND RECORDS
YALAHANKA TALUK,
YALAHANKA-560063.
...RESPONDENTS
(BY SRI.NAVYA SHEKHAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-2, 3 AND 4 TO CONDUCT PHODI AND DURASTHI
OF SY.NO. 87 MEASURING 1 ACRE 28 GUNTAS OF P-1 AND
DIRECT THE R-2, 3, AND 4 TO CONDUCT PHODI AND
DURASTHI OF SY.NO. 87 MEASURING 1 ACRE 28 GUNTAS OF
P-2 SITUATED AT TARAHUANSE VILLAGE, JALA HOBLI,
YALAHANKA TALUK VIDE ANNX-N AND P.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
-3-
NC: 2025:KHC:26943
WP No. 8870 of 2025
HC-KAR
ORAL ORDER
Heard the learned counsel appearing for the parties.
2. Sri.Bipin Hegde, learned counsel appearing for the petitioners submitted that direction be issued to the respondent Nos.2 to 4 to conduct phodi and durasthi in respect of the land bearing survey No.87 measuring 1 acre 28 guntas belonging to petitioner No.1 and further sought for writ of mandamus directing the respondent Nos.2 to 4 to conduct phodi and durasthi in respect of the land bearing survey No.87 to an extent of measuring 1 acre 28 guntas belonging to the petitioner Nos.1 and 2 situated at Tarahuanse village, Jala Hobli, Yalahanka Taluk (Annexures - N and P respectively).
3. Learned counsel for the petitioners also invited the attention of the Court to the office order dated 12.09.2008 (Annexure - F) addressed by the Tahashildar, Bangalore North (Additional) Taluk, Yalahanka, wherein the extent of land to the grantees has also been mentioned in Annexure-F. He also filed a memo saying -4- NC: 2025:KHC:26943 WP No. 8870 of 2025 HC-KAR that in the very same list by referring to in Annexure - F, showed phodi and durasthi has been made insofar as one of the grantees as per the memo dated 18.07.2025 and he further submitted that, there is no impediment for the respondents to conduct phodi and durasthi in respect of the subject land.
4. It is also contended by the learned counsel appearing for the petitioners by referring to the order dated 07.03.2024 in W.P.No.6232/2022 (Annexure - Q), wherein this Court, in paragraph No.5, stated that the respondents/authorities cannot raise the plea with regard to Section-94-A (4) of the Karnataka Land Revenue Act, 1964, wherein the distance to be referred to the BBMP jurisdiction and therefore, he contended that, a writ of mandamus be issued to respondent Nos.2 to 4 accordingly.
5. Per contra, learned Additional Government Advocate submitted that it is open for the petitioner herein -5- NC: 2025:KHC:26943 WP No. 8870 of 2025 HC-KAR to make an application online and the same may be considered by the respondents/authorities.
6. In the light of the submission made by the learned counsel appearing for the parties, on careful examination of the official order dated 12.09.2008 (Annexure - F), wherein the name of the petitioner No.1- Sri.Muniyappa and petitioner No.2 - Sri.Munianjinappa S/o Sanjeevappa, where the land has been granted as per the letter dated 24.09.2010 (Annexure - G). This is in regard to the saguvali chit in respect of petitioner No.1 at Annexure - C and insofar as petitioner No.2 at Annexure - J has been produced.
7. By looking into the memo dated 18.07.2025 filed by the petitioners herein. Wherein, insofar as the very same survey No.87 durasthi has been made by the competent authorities and further it is not in question that the durasthi in respect of Smt.Nagamma C/o Patalappa, the name finds place in Annexure - F to the writ petition. -6-
NC: 2025:KHC:26943 WP No. 8870 of 2025 HC-KAR
8. In that view of the matter, taking into consideration the land in question has been granted in favour of the petitioners and saguvali chit has been accordingly issued by the Competent Authorities. Further, as already the respondent-authorities have conducted phodi in respect of one of the grantees in the very same survey number, I find force in the submission made by the learned counsel appearing for the petitioners.
9. In that view of the matter, respondent Nos.2 to 4 are directed to conduct phodi at the earliest, taking into consideration the declaration of law made by this Court in W.P.No.6232/2022, dated 07.03.2024 (Annexure - Q), wherein this Court at paragraph No.5 held as follows:
"5. If the State Government is of the opinion that the lands within the prohibited distance from the boundary of the BBMP could not have granted, then appropriate action should have been initiated by the State and its authorities in accordance with law and within reasonable time. Such action not being taken, the Tahsildar could not have issued the impugned endorsement."
-7-
NC: 2025:KHC:26943 WP No. 8870 of 2025 HC-KAR
10. In that view of the matter, respondent Nos.2 to 4 are directed to conduct the phodi expeditiously within an outer limit of four months from the receipt of a copy of this order.
11. Accordingly, the writ petition is disposed of.
SD/-
(E.S.INDIRESH) JUDGE BKN List No.: 1 Sl No.: 58