01Facts
The petitioners sought Phodi/Durasth of lands in Survey No. 54, Sathnur Village, Yelahanka Taluk.
¶ 2–4, 9–10The lands had been granted to their predecessors in 1961–62, and the petitioners claimed through registered sale deeds; the revenue records reflected the grants and subsequent ownership.
¶ 2–4, 9–10Following complaints by third parties, proceedings under Section 136(3) of the Karnataka Land Revenue Act were initiated.
¶ 5, 10The Assistant Commissioner found the grants genuine, and the Deputy Commissioner subsequently dropped the proceedings and upheld their validity.
¶ 5, 10The Tahsildar rejected the petitioners’ applications for Phodi/Durasth by endorsements dated 24 July 2026.
¶ 1, 5The petitioners sought to quash those endorsements and obtain directions for the survey work.
¶ 1, 502Issues
i.1. Whether the Tahsildar’s endorsements rejecting the applications for Phodi/Durasth were sustainable in light of the prior revenue proceedings upholding the grants.
¶ 1, 9–11ii.2. Whether the Tahsildar and Assistant Director of Land Records should be directed to conduct Phodi/Durasth in respect of the petitioners’ lands.
¶ 1, 1103Law Applied
The Court considered Section 136(3) of the Karnataka Land Revenue Act in relation to the earlier proceedings concerning entries in the revenue records.
¶ 10It proceeded on the case-specific basis that, where the grants had been examined by the revenue authorities and upheld, and the relevant records supported those grants, the Tahsildar’s stated grounds for rejecting Phodi/Durasth were untenable.
¶ 10–11Provisions in the judgment · 1
Karnataka Land Revenue Act, 1964 Section 136
04Reasoning
The Court relied on the grant records, revenue entries, and the outcomes of the Section 136(3) proceedings.
¶ 10The Assistant Commissioner had examined the original records and found the grants genuine; the Deputy Commissioner then dropped the proceedings and upheld the grants.
¶ 10Given that history, the Court held that the grants could not be doubted and that the reasons stated in the Tahsildar’s endorsements were incorrect and untenable.
¶ 11It therefore found grounds to set aside the endorsements and direct the requested survey work.
¶ 1105Holding
The Court allowed both writ petitions, set aside the Tahsildar’s endorsements dated 24 July 2026, and directed the Tahsildar and Assistant Director of Land Records to conduct Phodi and Durasth in respect of the subject lands.
¶ 11The work was to be completed within six months from receipt of the petitioners’ applications, submitted both online and in person.
¶ 11Original Court PDF
SRI. PRAKASH @ PRAKASH VARADARAJUvsTHE STATE OF KARNATAKA
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