Facts
The petitioners claimed ownership of 4 acres 34 guntas in Survey No. 126/1, Varthur Village, tracing title back to a 1942 registered sale deed following an auction by the Varthur Grama Panchayath.
Source reference: p. 4, 6-7Despite a previous court order in W.P. No. 25211/2024 directing the Tahsildar to consider phodi (survey/sub-division) based on RTC (Record of Rights) entries, the Tahsildar issued an endorsement dated 28.11.2025 demanding original grant records and treating the land as government property.
Source reference: p. 3, 5Previous proceedings under Section 136(3) of the Karnataka Land Revenue Act regarding the same land had already been dropped, confirming the validity of the private title.
Source reference: p. 4The petitioners challenged the endorsement and the Tahsildar’s action of placing a "government land" board on the property.
Source reference: p. 5Issues
1. Whether the respondent-Tahsildar was justified in treating the property as "granted/darkasth land" subject to the restrictive Government Order No. CumE 156, SSM 2024 during phodi proceedings.
Source reference: p. 6-72. Whether the petitioners are entitled to directions for the completion of Akarband and Tippani entries based on existing revenue records and historical sub-division.
Source reference: p. 8Law Applied
The Court applied the principles of the Karnataka Land Revenue Act, 1964, specifically regarding the maintenance of settlement records (Akarband and Tippani) and the finality of revenue proceedings under Section 136(3).
Source reference: p. 4It further interpreted the applicability of Government Order No. KAMEe 156, SSM 2024 dated 25.11.2024, which prescribes procedures for building missing records in "granted lands" (darkasth), holding that such administrative filters do not apply to lands already sub-divided and assigned sub-numbers through valid historical transactions.
Source reference: p. 6, 8Reasoning
The Court observed that the property was not a government "grant" in the traditional sense but was acquired via a public auction conducted by the Grama Panchayath in 1942.
Source reference: p. 6-7Evidence showed that the land had already undergone phodi, resulting in the assignment of a specific sub-number (Survey No. 126/1) as reflected in the Index of Records and the 1942 sale deed.
Source reference: p. 7The Special Deputy Commissioner had previously dropped revenue inquiries, affirming the chain of title.
Source reference: p. 4Consequently, the Court reasoned that the Tahsildar erred by applying the 2024 Circular—which governs "missing records" for granted lands—to a case where the land was already phoded and sub-divided.
Source reference: p. 8The Court characterized the required action as a ministerial task of updating Akarband and Tippani entries to reflect existing facts, rather than a fresh adjudication of tenure.
Source reference: p. 8Holding
The Court allowed the writ petition and quashed the impugned endorsement.
It held that the Circular/Government Order dated 25.11.2024 is inapplicable where phodi and durasth have already occurred and sub-numbers are assigned.
Source reference: p. 8The Court directed Respondent No. 4 (Tahsildar) and the Assistant Director of Land Records to complete the Akarband and Tippani entries in the petitioners' names within two months.
Source reference: p. 8-9Further, the Tahsildar was directed to immediately remove the board claiming the land as government property.
Source reference: p. 9Original Court PDF
Sri S. V. Ashwathaiah & Anr. v. State of Karnataka & Ors. [2026:KHC:6715]
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