Karnataka High Court
Sri. Mukesh Patadia vs The State Of Karnataka on 27 February, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC-D:3917
WP No. 101358 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 27TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 101358 OF 2025 (KLR-RES)
BETWEEN:
SRI. MUKESH PATADIA,
S/O. HARIJIVANDAS PATADIA,
AGE: 59 YEARS, OCC: BUSINESS,
R/O. ADARSH NAGAR, HUBLI,
TALUK HUBLI, DIST: DHARWAD.
...PETITIONER
(BY SRI. S.S. CHALAWADI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
VIKAS SOUDHA, BENGALURU-01.
2. THE DEPUTY DIRECTOR OF
LAND RECORDS AND CITY SURVEY,
Digitally signed by DHARWAD, DISTRICT: DHARWAD-580001.
ASHPAK
KASHIMSA
MALAGALADINNI
Location: HIGH
COURT OF 3. THE ASSISTANT DIRECTOR OF
KARNATAKA
DHARWAD
BENCH LAND RECORDS AND CITY SURVEY,
MINI VIDHANA SOUDHA, HUBLI-580028.
...RESPONDENTS
(BY SRI. M.M. KHANNUR, AGA FOR R1-R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT,
ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING
THE RESPONDENT NO.3 TO CONDUCT THE JOINT SURVEY OF CTS
NO.3116 AND 3121 AS PER ANNEXURE-H, BY ISSUING THE NOTICE
TO THE PETITIONER AND CONSEQUENTLY, ENTER THE NAME OF THE
PETITIONER IN THE CTS RECORDS PERTAINING TO THE PROPERTIES
BEARING R.S. NO.56/2 (CTS NO.3119), MEASURING 1 ACRE 28
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NC: 2025:KHC-D:3917
WP No. 101358 of 2025
GUNTAS, R.S. NO.57/3 (CTS NO.3120), MEASURING 1 ACRE 02
GUNTAS, R.S. NO.58/38 (CTS NO.3116), MEASURING 2 ACRE 24
GUNTAS, R.S. NO.58/4A (CTS NO. 3116), MEASURING 31 GUNTAS,
R.S. NO.58/4B (CTS NO.3116), MEASURING 31 GUNTAS, R.S. NO.
58/4C (CTS NO.3116), MEASURING 19 GUNTAS, R.S. NO.58/4C/1
(CTS NO.3116), MEASURING 10 GUNTAS, R.S. NO.58/4E (CTS NO.
3116), MEASURING 15 GUNTAS AND R.S. NO.58/4F (CTS NO.3116),
MEASURING 15 GUNTAS SITUATED AT TIMBER YARD, UNKAL LAKE,
HUBLI; ISSUE ANY OTHER WRIT ORDER OR DIRECTION DEEMED FIT
IN THE CIRCUMSTANCE OF THIS CASE IN INTEREST OF JUSTICE
AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned AGA accepts notice for respondents No.1 to
3.
2. The petitioner is before this court seeking for the following reliefs:
i. Issue a writ, order or direction in the nature of mandamus directing the Respondent No.3 to conduct the joint survey of CTS No.3116 and 3121 as per Annexure-H, by issuing the Notice to the petitioner and consequently, enter the name of the Petitioner in the CTS records pertaining to the properties bearing R.S. No.56/2 (CTS No.3119), measuring 1 Acre 28 Guntas, R.S. No.57/3 (CTS No.3120), measuring 1 Acre 02 Guntas, R.S. No.58/38 (CTS No.3116), measuring 2 Acre 24 Guntas, R.S. No.58/4A (CTS No. 3116), measuring 31 Guntas, R.S. No.58/4B (CTS No.3116), measuring 31 Guntas, R.S. No. 58/4C (CTS No.3116), measuring 19 Guntas, R.S. No.58/4C/1 (CTS No.3116), measuring 10 Guntas, R.S. No.58/4E (CTS No. 3116), measuring 15 Guntas -3- NC: 2025:KHC-D:3917 WP No. 101358 of 2025 and R.S. No.58/4F (CTS No.3116), measuring 15 Guntas situated at Timber Yard, Unkal Lake, Hubli; ii. Issue any other writ order or direction deemed fit in the circumstance of this case in interest of justice and equity.
3. The claim of the petitioner is that petitioners in W.P. No.101650/2024(LR) had consented to the sale in favour of the petitioner of the subject property, which had been sold by the father of the petitioner in W.P. No.101650/2024(LR) and as such his submission is that the sale having been so executed and an application filed for making necessary entries in the revenue records on 09.12.2024, the said application has not been considered. This Court vide its order dated 24.01.2025 in W.P.101650/2024 had directed the ADLR to carry out necessary survey in respect of the various properties described therein and in the event of the ADLR being of the opinion that any other person has interest in the said land to issue notice to such person and carry out a joint survey. -4-
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4. The petitioner having made an application for making entry of his name in the revenue records before the survey. It was but required for the ADLR to have issued notice to the petitioner also requiring his presence during the joint survey. The same not having been done. Hence, I pass the following :
ORDER
(i) Writ petition is partly allowed.
(ii) Respondent No.3-ADLR is directed to issue notice to the petitioner and carry out a joint survey of the land claimed by the petitioner and such other land as may be required to be carried out, if not already carried out by the ADLR in terms of the order dated 24.01.2025 in W.P. No.101650/2024(LR).
(iii) Since this order is passed in the
presence of the counsel for the
petitioner, the survey is directed to be -5- NC: 2025:KHC-D:3917 WP No. 101358 of 2025 carried out commencing from 10:30 a.m. on 14.03.2025.
(iv) It is left to the petitioner to participate in the said survey, if the petitioner does not participate in the said survey;
the petitioner would not be entitled for any equities.
Sd/-
(SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 17