Karnataka High Court
WA/1702/2026 of THE PRINCIPAL SECRETARY TO GOVERNMENT Vs SRI H S VENKATESH, on 29 July 2026
CNR: KAHC010457552026 NC: 2026:KHC:39400-DB WA No. 1702 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1702 OF 2026 (KLR-RR/SUR) BETWEEN: 1. THE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 1702 OF 2026 (KLR-RR/SUR)
BETWEEN:
1.
THE PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE,
MS BUILDING,
BENGALURU 560 001.
2.
THE ASSISTANT COMMISSIONER,
TIPTURU SUB DIVISION,
TIPTURU,
TUMAKURU DISTRICT - 572 201.
3.
THE TAHSILDAR,
TURUVEKERE TALUK,
TURUVEKERE,
TUMAKURU DISTRICT 572 201.
4.
THE ASSISTANT DIRECTOR,
DEPARTMENT OF LAND SURVEY,
TURUVEKERE
TUMAKURU DISTRICT 572 201
…APPELLANTS
(BY SRI. B.RAVINDRANATH, AGA)
AND:
1.
SRI H S VENKATESH,
S/O LATE HD SRINIVASA MURTHY,
Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
AGED ABOUT 55 YEARS,
RESIDING AT NO.112, 4TH CROSS,
RANGANATHA COLONY,
OPP. TO BHEL, MYSURU ROAD,
BENGALURU-560 026.
…RESPONDENT
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE
RECORDS AND ALLOW THE WRIT APPEAL AND SET ASIDE
THE IMPUGNED ORDER DATED 03.09.2025 PASSED BY
THE LEARNED SINGLE JUDGE OF THE HON'BLE HIGH
COURT
IN
WRIT
PETITION
No.
26523/2025
(KLR-RR/SUR), ETC.
THIS
APPEAL,
COMING
ON
FOR
PRELIMINARY
HEARING,
THIS
DAY,
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JUDGMENT
WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present appeal has been filed impugning the judgment and order dated 03.09.2025 passed by the writ Court in W.P.No.26523/2025 (KLR-RR/SUR) instituted by the respondent herein.
2. The prayer in the writ petition was to direct the Tahsildar, Turuvekere Taluk, Tumkur District to consider the
HC-KAR
representation given by the petitioner for survey, phodi, dhurast of land bearing Sy.No.1/P1, measuring 3 acres situated at B.C.Kaval Village, Dandinashivara Hobli, Turuvekere Taluk, Tumkur District.
3. Sri B. Ravindranath, learned AGA submits that the land in question is forest land and there is no question of conducting survey, phodi and dhurast in respect of the forest land. His submission is that the petitioner is not the owner of the said land and therefore, there is no question of considering his application.
4. We have gone through the impugned order. The said writ petition was disposed of, on the stand taken by the learned Additional Government Advocate that the petitioner's application shall be considered in accordance with law, if it is filed online.
5. We make it clear that the application has to be considered only in accordance with law and not otherwise.
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6. If the petitioner's is not entitled for survey phodi and durast of the land in question, the appropriate order may be passed. With the aforesaid clarification, we dispose of this writ appeal.
7. Pending interlocutory applications, if any, stand disposed of. Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
NG CT:SN List No.: 1 Sl No.: 6