Karnataka High Court
WP/12617/2026 of PADACHURI JAGADEESH Vs STATE OF KARNATAKA on 28 April 2026
NC: 2026:KHC:23822 WP No. 12617 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 12617 OF 2026 (KLR-RES) BETWEEN: PADACHURI JAGADEESH AGED ABOUT 68 YEARS OLD S/O LATE BALARAM GUPTA NO. 695,
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 12617 OF 2026 (KLR-RES)
BETWEEN:
PADACHURI JAGADEESH
AGED ABOUT 68 YEARS OLD
S/O LATE BALARAM GUPTA
NO. 695, 10TH E MAIN , 34TH CROSS,
4TH BLOCK, JAYANAGAR
BENGALURU – 560011.
…PETITIONER
(BY SRI. S KALYAN BASAVARAJ, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE,
M S BUILDING, AMBEDKAR VEEDHI,
BENGALURU-560001, KARNATAKA.
2.
THE TAHSILDAR
DODDBALLAPUR TALUK
DODDBALLAPUR – 561203.
…RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE
CONSTITUTION
OF
INDIA
PRAYING
TO
DIRECT
RESPONDENT
NO.2
TO
CONSIDER
THE
PETITIONER’S
APPLICATIONS DATED 04.04.2026 AT ANNEXURE-A1 TO A7
SUBMITTED IN FORM NO.11 AND THE REPRESENTATION
DATED 13.04.2026 AT ANNEXURE-E1 AND E2 AND TO
Digitally signed
by YASHODA K L
Location: High
Court Of
Karnataka
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CONDUCT SURVEY AND FIX THE BOUNDARIES OF THE
SCHEDULE PROPERTIES BEARING SY. NOS. 60/2, 60/3, 60/4, 60/5, 60/6,
AND
SITUATED
AT
MELINANAYKARANDAHALLI
VILLAGE,
TUBAGERE
HOBLI,
DODDABALLAPUR
TALUK,
BENGALURU
RURAL
DISTRICT,
WITHIN A TIME FRAME TO BE FIXED BY THIS HON’BLE COURT.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
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ORAL ORDER
Learned High Court Government Pleader takes notice for both the respondents.
2. The petitioner is seeking for a writ of mandamus to direct the respondent-authorities to consider his applications dated 04.04.2026 and 13.04.2026 at Annexures ‘A’ and ‘E’ series to conduct survey and fix the boundaries of the schedule properties.
3. Learned counsel for the petitioner submits that the petitioner is the owner of lands in Sy.Nos.60/2, 60/3, 60/4, 60/5, 60/6, and situated at Melinanaykarandahalli Village, Tubagere Hobli, Doddaballapur Taluk, Bengaluru Rural District. The
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petitioner has sought for phodi in respect of his lands in the said survey numbers.
4. Learned High Court Government Pleader submits that in column No.11 of the RTC there is an endorsement that there is an interim order passed by the Civil Court in O.S.No.27/2017 and mutation entry in the khata is made subject to the outcome of the proceedings before the Civil Court.
5. However, learned Counsel for the petitioner submits that the suit is filed by the petitioner himself and the interim order is in favour of the petitioner and it does not prevent the revenue authorities from conducting phodi and durasth.
6. This Court on an earlier occasion had dealt with a similar matter in W.P.No.8553 of 2026 disposed of on 27.03.2026. A circular dated 20.04.2018 issued by the revenue department was brought to the notice of this Court where at paragraph No.5 specific directions have
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been given to the Survey Settlement Authorities not to reject the applications for phodi on the ground that a suit or other proceedings are pending before a civil court. It is clearly stated that unless there is a specific order directing the Survey Settlement Authorities or the Revenue Authorities not to conduct the phodi, the competent authority is required to proceed to conduct the phodi. This Court disposed of the matter directing the respondent- ADLR therein to issue notice to all concerned and thereafter proceed to conduct phodi.
7. Having regard to the facts narrated hereinabove and the law laid down by this court, the writ petition stands disposed of with a direction to respondent No.2- Tahsildar and the Assistant Director of Land Records, Doddaballapur Taluk, to proceed to issue notice to all concerned and thereafter conduct the phodi in accordance with law, as expeditiously as possible and at any rate within a period of eight weeks from the date of receipt of a copy of this order.
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Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today.
Sd/- (R DEVDAS) JUDGE
JT/-