SRI. PRAKASH @ PRAKASH VARADARAJU vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
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WP NO.25321 OF 2026
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WP NO.25371 OF 2026
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.25321 OF 2026 (KLR-RR/SUR)
C/W
WRIT PETITION NO.25371 OF 2026 (KLR-RES)
IN WP No.25321/2026
BETWEEN:
SRI. PRAKASH @ PRAKASH VARADARAJU
S/O. K. VARADA RAJU,
AGED ABOUT 61 YEARS,
R/AT NO.8, VSNL BUILDING,
TH TH
5 MAIN, 6 CROSS, KEB LAYOUT,
SANJAY NAGAR, RMV EXTENSION,
ND
2 STAGE, BENGALURU NORTH,
BENGALURU – 560 094.
…PETITIONER
Digitally signed
by CHAYA S A
Location: HIGH
COURT OF
KARNATAKA
(BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE FOR
SRI. VENUGOPALA M.S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT
(LAND REFORMS/LAND RECORDS),
M.S. BUILDING,
BENGALURU – 560 001.
2. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT,
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KANDAYA BHAVANA, K.G. ROAD,
BENGALURU – 560 001.
3. THE ASSISTANT COMMISSIONER,
BENGALURU NORTH SUB-DIVISION,
KANDAYA BHAVANA,
K.G. ROAD,
BENGALURU – 560 001.
4. THE TAHSILDAR,
YELAHANKA TALUK,
MINI VIDHANA SOUDHA,
YELAHANKA-NES,
BENGALURU – 560 064.
5. THE ASSISTANT DIRECTOR OF LAND RECORDS
BENGALURU NORTH SUB-DIVISION,
MINI VIDHANA SOUDHA,
BENGALURU – 560 064.
…RESPONDENTS
(BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE FOR
SRI. VENUGOPALA M.S., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ENDORSEMENT BEARING NO.LND/JALA/CR/
TH
20/2025-26 DATED 24 JULY, 2026 ISSUED BY THE
TH
RESPONDENT NO.4, REJECTING THE APPLICATION DATED 08
MAY, 2025 FOR CONDUCTING PHODI/DURASTI IN RESPECT OF
LAND BEARING SURVEY NO.54 (OLD SY.NO.54/P27),
MEASURING 2 ACRES SITUATED AT SATHNUR VILLAGE, JALA
HOBLI, YELAHANKA TALUK VIDE ANNEXURE-Y; DIRECT THE
RESPONDENTS 4 AND 5 TO CONDUCT PHODI/DURASTI IN
RESPECT OF THE LAND BEARING SURVEY NO.54 (OLD
SY.NO.54/P27), MEASURING 2 ACRES SITUATED AT SATHNUR
VILLAGE, JALA HOBLI, YELAHANKA TALUK IN FAVOUR OF THE
TH
PETITIONER IN TERMS OF THE APPLICATION DATED 08 MAY,
2025 VIDE ANNEXURE-T; AND ETC.
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IN WP NO.25371/2026
BETWEEN:
1. SRI. S.H. MUNIVENKATEGOWDA
S/O HEMANNA,
AGED ABOUT 66 YEARS,
R/AT SATHNUR VILLAGE,
JALA HOBLI, YELAHANKA TALUK,
BENGALURU – 562 126.
2. SRI. S.H. GOPALAGOWDA
S/O HEMANNA,
AGED ABOUT 51 YEARS,
R/AT SATHNUR VILLAGE, JALA HOBLI,
YELAHANKA TALUK,
BENGALURU – 562 126.
...PETITIONERS
(BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE FOR
SRI. VENUGOPALA M.S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT
(LAND REFORMS/LAND RECORDS),
M.S. BUILDING,
BENGALURU – 560 001.
2. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT,
KANDAYA BHAVAN,
K.G. ROAD,
BENGALURU – 560 001.
3. THE ASSISTANT COMMISSIONER
BENGALURU NORTH SUB-DIVISION,
KANDAYA BHAVANA, K.G. ROAD,
BENGALURU – 560 009.
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4. THE TAHSILDAR,
YELAHANKA TALUK,
MINI VIDHANA SOUDHA,
YELAHANKA,
BENGALURU – 560 064.
5. THE ASSISTANT DIRECTOR OF LAND RECORDS
BENGALURU NORTH SUB-DIVISION,
MINI VIDHANA SOUDHA,
YELAHANKA,
BENGALURU – 560 064.
...RESPONDENTS
(BY SRI. SHAMANTH NAIK, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE ENDORSEMENT BEARING NO.LND/JALA/CR/307/2024-25
TH
DATED 24 JULY, 2026 ISSUED BY THE RESPONDENT NO.4,
RD
REJECTING THE APPLICATION DATED 23 JANUARY, 2025
FOR CONDUCTING PHODI/DURASTI IN RESPECT OF LAND
BEARING SURVEY NO.54 MEASURING 6 ACRES, SITUATED AT
SATHNUR VILLAGE, JALA HOBLI, YELAHANKA TALUK VIDE
ANNEXURE-V; DIRECT THE RESPONDENTS 4 AND 5 TO
CONDUCT PHODI/DURASTI IN RESPECT OF THE LAND
BEARING SURVEY NO.54 MEASURING 6 ACRES SITUATED AT
SATHNUR VILLAGE, JALA HOBLI, YELAHANKA TALUK IN
FAVOUR OF PETITIONERS IN TERMS OF THE APPLICATION
RD
DATED 23 JANUARY, 2025 VIDE ANNEXURE-Q; AND ETC.
THESE PETITIONS COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
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ORAL ORDER
In these petitions, petitioners are challenging the
th
Endorsements dated 24 July, 2026 issued by the respondent
No.4-Tahsildar, rejecting the application made by the
petitioners seeking Phodi/Durasth in respect of the subject
land; inter alia sought for a direction to the respondents 4 and
5 to conduct Phodi/Durasth in respect of the subject land in
terms of their applications.
2. The relevant facts for adjudication of these petitions
are that, the land bearing Survey No.54 of Sathnur Village,
Yelahanka Taluk (then Devanahalli Taluk) is a Government
gomal land and as such, the vendors of the petitioners have
made application seeking grant of Darkhast land. Accordingly,
the respondent-authorities, after considering the applications
made by the vendors of the petitioners, have passed order of
grant during the year-1962. Petitioners have produced Grant
Register Extract, Darkhast Register Extract and Saguvali Chit
Register in respect of the land granted in their favour at
Annexure ‘C’, ‘D’ and ‘E’ respectively.
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3. It is stated that the respondent-Authorities have
entered the name of the vendors of the petitioners in the
mutation register. The name of the vendors of the petitioners
was reflected in index of land, land register pahanis and RTC
extracts as per Annexure ‘G’ and ‘H’ series. The original
grantee in Writ Petition No.25321/2026 sold 4 acres out of 6
acres in Survey No.54/P27 in favour of one H. Gopala Gowda
th
under the registered Sale Deed dated 05 May, 2003 and sold
the remaining 2 acres of land in favour of one K. Krishnappa
th
under the registered Sale Deed dated 05 May, 2003.
Thereafter, the said Krishnappa sold 2 acres of land in favour of
the petitioner in Writ Petition No.25321 of 2026 under the
th
registered Sale Deed dated 08 March, 2004 and thereafter,
the revenue records stand in the name of the petitioner.
4. In Writ Petition No.25371 of 2026, the original
grantee Sarojamma was granted with 6 acres of land and she
had sold the same in favour of petitioners under the registered
th
Sale Deed dated 06 June, 2003.
5. It is stated in the petitions that, at the instance of
complaint lodged by Karnataka Raitha Horata Samithi and
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Karnataka Jana Jagruthi Samithi, proceedings has been
initiated before the respondent No.2 against the original
grantees and respondent No.2-Special Deputy Commissioner,
nd
Bengaluru District, by order dated 02 January, 2008 directed
the respondent No.3-Assistant Commissioner to conduct
enquiry, after looking into the entries made in the revenue
records. Pursuant to the same, the respondent No.3-Assistant
Commissioner, Bengaluru North Sub-Division, Bengaluru, by
th
order dated 09 July, 2008 in Case No.R.A.680/2007-08, had
dropped the proceedings against the original grantees, after
conducting an enquiry and verifying the genuineness of the
documents in respect of the grant of land. Thereafter,
st
respondent No.2, by order dated 21 July, 2010, conducted the
formal enquiry and upheld the grant made in favour of the
grantees. In furtherance of the same, petitioners herein made
an application seeking Phodi and Durasth in respect of the
subject land, however, the same was rejected by the
respondent No.4-Tahsildar by impugned endorsements.
Hence, petitioners filed these petitions.
6. Heard Sri. G. Balakrishna Shastry, learned counsel
on behalf of Sri. Venugopala M.S., appearing for petitioners and
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Sri. Shamanth Naik, learned Additional Government Advocate
appearing for respondents.
7. Sri. Balakrishna Sasthry, learned counsel appearing
for petitioners invited the attention of the Court to the original
grant records and Saguali Chit issued during the year 1961-62
and contended that, at the instance of third parties,
proceedings were initiated under Section 136(3) of the
Karnataka Land Revenue Act and same was dropped and
therefore, the genuineness of the grant made in favour of the
original grantees has been upheld. Therefore, it is contended
by learned counsel appearing for petitioners that the issuance
th
of impugned endorsement dated 24 July, 2026, rejecting the
applications made by the petitioners for conducting
Phodi/Durasth in respect of the subject is incorrect.
Accordingly, learned counsel appearing for petitioners argued
that, it is the duty of the respondents 4 and 5 to conduct
Phodi/Durasth in respect of the subject land. Therefore, he
sought for interference of this Court.
8. Per contra, Sri. Shamanth Naik, learned Additional
Government Advocate appearing for respondents sought to
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justify the impugned endorsements issued by the respondent
No.4-Tahsildar and contended that the earlier orders passed by
the respondents 2 and 3 are incorrect as they have no
jurisdiction under law to pass such orders. Accordingly, sought
for dismissal of the petition.
9. In the light of the submission made by learned
counsel appearing for the parties, it is not in dispute that the
land bearing Survey No.54 (new Sy.No.54/P27) is a gomal land
and same has been granted in favour of the original grantees
th
(vendors of the petitioners) on 05 February, 1962. On
perusal of the writ petition, it is forthcoming that the subject
land was mutated and index of land shows the name of the
original grantees. The petitioner in Writ Petition No.25321 of
2026 has purchased 2 acres of land from its erstwhile owner as
th
per the registered Sale Deed dated 08 March, 2004.
Similarly, in WP No.25371 of 2026, petitioners have purchased
the land from original grantee as per registered Sale Deed
th
dated 06 June, 2003.
10. On perusal of the writ papers, it is forthcoming that
the RTC extracts and the pahanis stood in the name of the
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original grantees. In the meanwhile, at the instance of third
parties, the proceedings under Section 136(3) of the Karnataka
Land Revenue Act was initiated in Case
No.RRT(2).CR.NA.52/2006-07 against the original grantees and
the said authority, after considering the entire material on
nd
record, by order dated 02 January, 2008, directed the
respondent No.3-Assistant Commissioner to evaluate the
entries in the revenue records. Pursuant to the same, the
respondent No.3-Assistant Commissioner, Bengaluru North
th
Sub-Division, by order dated 09 July, 2008 looking into the
entire original records, had arrived at a conclusion that the
grant made in favour of the original grantees (vendors of the
petitioners herein) is genuine and valid. Thereafter, the
st
respondent No.2, by order dated 21 July, 2010 dropped the
entire proceedings, holding that the grant made in favour of
original grantees is valid.
11. In the light of the aforementioned undisputed facts,
the grant made in favour of the original grantees cannot be
doubted. The proceedings before the respondent No.2 under
Section 136(3) of the Karnataka Land Revenue Act was
conducted at the instance of third parties viz., Karnataka Raitha
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Horata Samithi and Karnataka Jana Jagruthi Samithi and the
grant was not doubted by the revenue authorities. Therefore,
taking into consideration the fact that the subject land has been
granted in favour of the vendors of the petitioners way back in
the year 1961-62, the reason assigned by the respondent No.4
th
in the impugned Endorsements dated 24 July, 2026 is
incorrect and untenable, and as such, same are hereby set-
aside. Accordingly, the respondent No.4-Tahsildar, Yelahanka
Taluk and the respondent No.5-Assistant Director of Land
Records, Benglauru North Sub-Davison are directed to conduct
Phodi and Durasth in respect of the subject land at the earliest,
in any event, within a period of six months from the date of
receipt of application that may be made by the petitioners
through online as well as in person. In the result, writ
allowed.
petitions are
Sd/-
(E.S. INDIRESH)
JUDGE
ARK
List No.: 1 Sl No.: 74