- 1 - HC-KAR NC: 2026:KHC:39682 WP No. 560 of 2025 CNR: KAHC010007372025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 560 OF 2025 (KLR-RES) BETWEEN: 1. SMT. SARASWATHAMMA, W/O LATE VENKATACHAR, AGED ABOUT 60 YEARS, 2. SRI. CHANDRASHEKAR, S/O LT VENKATACHAR, AGED ABOUT 37 YEARS, 3. SMT. SAVITHA, D/O LATE VENKATACHAR, AGED ABOUT 36 YEARS, R/AT NO.81, H. GOLALHALLI VILLAGE,Digitally signed by CHAYA S A KENGERI HOBLI, Location: HIGH COURT OF BANGALORE SOUTH TALUK, KARNATAKA BANGALORE - 560 060. …PETITIONERS (BY SRI. CHOKKAREDDY., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, MS BUILDING, - 2 - HC-KAR NC: 2026:KHC:39682 WP No. 560 of 2025 CNR: KAHC010007372025 AMBEDKAR BEEDHI, BANGALORE - 560 001. 2. ASSISTANT DIRECTOR OF LAND RECORDS, BANGALORE SOUTH SUB DIVISION, 2ND FLOOR, BEHIND KANDAYA BHAVANA, K G ROAD, BANGALORE - 560 009. 3. TAHSILDAR, BANGALORE SOUTH TALUK, KANDHAYA BHAVANA, K G ROAD, BANGALORE - 09. 4. TALUK SURVEYOR, BANGALORE SOUTH TALUK, KANDHAYA BHAVAN, K G ROAD, BANGALORE - 09. 5. DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, BEHIND KANDHAYA BHAVAN, 1ST FLOOR, K.G.ROAD, BANGALORE - 09. 6. TECHNICAL ASSISTANT FOR DEPUTY COMMISSIONER & DESIGNATED DEPUTY DIRECTOR LAND RECORDS, BEHIND KANDHAYA BHAVAN, - 3 - HC-KAR NC: 2026:KHC:39682 WP No. 560 of 2025

CNR: KAHC010007372025 3RD FLOOR, K.G.ROAD, BANGALORE - 09. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE 2ND AND 3RD RESPONDENT DATED 24.10.2024 AS FOR CONSIDERING THE REPRESENTATIONS DATED 24.10.2024 ANNEXURE-A A-1, FILED BY THE PETITIONERS FOR CONDUCTING PHODI AND DHURASTHI IN RESPECT OF SY. NO.21 MEASURING 2 ACRES, SITUATED AT DODDAMARANAHALLI, VILLAGE, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK, BY ALLOWING THE WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioners have sought for writ of mandamus against respondent Nos.2 and 3 to consider the representations dated 24.10.2024 (Annexures -A and A1) filed by the petitioners seeking conduct phodi and dhurasth in respect of the subject land and such other reliefs. - 4 - HC-KAR NC: 2026:KHC:39682 WP No. 560 of 2025 CNR: KAHC010007372025 2. This Court vide order dated 12.03.2025 has passed an order, which reads as under: "ORAL ORDER On 10.02.2025, this Court passed the order on the following terms:

"While granting a final opportunity of one week to seek relief before the Hon'ble Division Bench, this Court makes it abundantly clear that, in the absence of any orders to the contrary, it shall proceed to recommend to initiate a departmental inquiry against the Special Deputy Commissioner-II and the Tahasildar in accordance with law." Learned High Court Government Pleader submits that the Writ Appeal cannot be posted since the office has raised objection and seeks for further a week's time to enable the writ appeal to be posted before the Bench.

In my view, since this Court had stated in categorical terms, that in the absence of any orders to the contrary, it would proceed to initiate a departmental inquiry against the Special Deputy Commissioner-II and the Tahasildar. This Court would have no other option but to order the initiation of a departmental inquiry against the Special Deputy Commissioner-II to and the Tahasildar. Accordingly the Chief Secretary to of initiate departmental inquiry against the Special Deputy Commissioner-II and the Tahasildar as ordered in WP No.6560/2024 on 18th of September 2024 and place the findings of the inquiry before this Court. A period of three months is granted to the Chief Secretary to ensure that the inquiry is concluded. As far as merits of the case in this writ petition, it is noticed in WP No.7815/2021 that this Court on 16th of September 2021, has issued mandamus directing respondents 3 and 5 to carry out necessary phodi and dhurasthi as regards land bearing Sy.No.21 Doddamaranahalli Village, Tavarekere Hobli, Bangalore South Taluk, within a period of six months. Though nearly three and a half years have elapsed, this order is yet to be complied with despite review petition filed against that order in RP No. 892/2022, being dismissed and W.A.No.1200/2023 also being dismissed by this Court. In the result, respondent Nos. 3 and the concerned Assistant Director of Land Records are directed to - 5 - HC-KAR NC: 2026:KHC:39682 WP No. 560 of 2025 CNR: KAHC010007372025

carry out phodi and dhurasthi forthwith and report compliance to this Court on or before within a period of 10 days. Re-list on 24.03.2025 for reporting compliance." 3. Feeling aggrieved by the same, the respondents -State has preferred Writ Appeal No.256/2025 and the said Writ Appeal came to be disposed of on 24.10.2025 and the operative portion of the Order dated 24.10.2025 in Writ Appeal No.256/2025 reads as under. "ORDER i) The Writ Appeal is allowed in part. ii) The order of the learned Single Judge in respect of quashing the enquiry notice dated 08.01.2024 is affirmed. iii) The direction issued by the learned Single Judge to the State Government to initiate appropriate enquiry against the Deputy Commissioner/appellant No.2 is set aside. iv) The costs of Rs.25,000/- each imposed on the Deputy Commissioner/appellant No.2 and the Tahsildar/appellant No.3 is waived." 4. Following the declaration of law made by the Division Bench of this Court referred to above, I am of the view that, respondent Nos.1 to 4 herein are directed to conduct phodi and dhurasth in respect of the subject land within a period of one month from the date of receipt of copy of this order. - 6 - HC-KAR NC: 2026:KHC:39682 WP No. 560 of 2025 CNR: KAHC010007372025 5. It is made clear that, in the event if any violation by the respondents-authorities, the same shall be viewed seriously in terms of the order passed by this Court in the Writ Appeal No.256/2025.

With this observation, the writ petition is accordingly disposed of. SD/- (E.S.INDIRESH) JUDGE BH List No.: 1 Sl No.: 10

- 1 - HC-KAR NC: 2026:KHC:39682 WP No. 560 of 2025 CNR: KAHC010007372025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 560 OF 2025 (KLR-RES) BETWEEN: 1. SMT. SARASWATHAMMA, W/O LATE VENKATACHAR, AGED ABOUT 60 YEARS, 2. SRI. CHANDRASHEKAR, S/O LT VENKATACHAR, AGED ABOUT 37 YEARS, 3. SMT. SAVITHA, D/O LATE VENKATACHAR, AGED ABOUT 36 YEARS, R/AT NO.81, H. GOLALHALLI VILLAGE,Digitally signed by CHAYA S A KENGERI HOBLI, Location: HIGH COURT OF BANGALORE SOUTH TALUK, KARNATAKA BANGALORE - 560 060. …PETITIONERS (BY SRI. CHOKKAREDDY., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, MS BUILDING, - 2 - HC-KAR NC: 2026:KHC:39682 WP No. 560 of 2025 CNR: KAHC010007372025 AMBEDKAR BEEDHI, BANGALORE - 560 001. 2. ASSISTANT DIRECTOR OF LAND RECORDS, BANGALORE SOUTH SUB DIVISION, 2ND FLOOR, BEHIND KANDAYA BHAVANA, K G ROAD, BANGALORE - 560 009. 3. TAHSILDAR, BANGALORE SOUTH TALUK, KANDHAYA BHAVANA, K G ROAD, BANGALORE - 09. 4. TALUK SURVEYOR, BANGALORE SOUTH TALUK, KANDHAYA BHAVAN, K G ROAD, BANGALORE - 09. 5. DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, BEHIND KANDHAYA BHAVAN, 1ST FLOOR, K.G.ROAD, BANGALORE - 09. 6. TECHNICAL ASSISTANT FOR DEPUTY COMMISSIONER & DESIGNATED DEPUTY DIRECTOR LAND RECORDS, BEHIND KANDHAYA BHAVAN, - 3 - HC-KAR NC: 2026:KHC:39682 WP No. 560 of 2025

CNR: KAHC010007372025 3RD FLOOR, K.G.ROAD, BANGALORE - 09. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE 2ND AND 3RD RESPONDENT DATED 24.10.2024 AS FOR CONSIDERING THE REPRESENTATIONS DATED 24.10.2024 ANNEXURE-A A-1, FILED BY THE PETITIONERS FOR CONDUCTING PHODI AND DHURASTHI IN RESPECT OF SY. NO.21 MEASURING 2 ACRES, SITUATED AT DODDAMARANAHALLI, VILLAGE, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK, BY ALLOWING THE WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioners have sought for writ of mandamus against respondent Nos.2 and 3 to consider the representations dated 24.10.2024 (Annexures -A and A1) filed by the petitioners seeking conduct phodi and dhurasth in respect of the subject land and such other reliefs. - 4 - HC-KAR NC: 2026:KHC:39682 WP No. 560 of 2025 CNR: KAHC010007372025 2. This Court vide order dated 12.03.2025 has passed an order, which reads as under: "ORAL ORDER On 10.02.2025, this Court passed the order on the following terms:

"While granting a final opportunity of one week to seek relief before the Hon'ble Division Bench, this Court makes it abundantly clear that, in the absence of any orders to the contrary, it shall proceed to recommend to initiate a departmental inquiry against the Special Deputy Commissioner-II and the Tahasildar in accordance with law." Learned High Court Government Pleader submits that the Writ Appeal cannot be posted since the office has raised objection and seeks for further a week's time to enable the writ appeal to be posted before the Bench.

In my view, since this Court had stated in categorical terms, that in the absence of any orders to the contrary, it would proceed to initiate a departmental inquiry against the Special Deputy Commissioner-II and the Tahasildar. This Court would have no other option but to order the initiation of a departmental inquiry against the Special Deputy Commissioner-II to and the Tahasildar. Accordingly the Chief Secretary to of initiate departmental inquiry against the Special Deputy Commissioner-II and the Tahasildar as ordered in WP No.6560/2024 on 18th of September 2024 and place the findings of the inquiry before this Court. A period of three months is granted to the Chief Secretary to ensure that the inquiry is concluded. As far as merits of the case in this writ petition, it is noticed in WP No.7815/2021 that this Court on 16th of September 2021, has issued mandamus directing respondents 3 and 5 to carry out necessary phodi and dhurasthi as regards land bearing Sy.No.21 Doddamaranahalli Village, Tavarekere Hobli, Bangalore South Taluk, within a period of six months. Though nearly three and a half years have elapsed, this order is yet to be complied with despite review petition filed against that order in RP No. 892/2022, being dismissed and W.A.No.1200/2023 also being dismissed by this Court. In the result, respondent Nos. 3 and the concerned Assistant Director of Land Records are directed to - 5 - HC-KAR NC: 2026:KHC:39682 WP No. 560 of 2025 CNR: KAHC010007372025

carry out phodi and dhurasthi forthwith and report compliance to this Court on or before within a period of 10 days. Re-list on 24.03.2025 for reporting compliance." 3. Feeling aggrieved by the same, the respondents -State has preferred Writ Appeal No.256/2025 and the said Writ Appeal came to be disposed of on 24.10.2025 and the operative portion of the Order dated 24.10.2025 in Writ Appeal No.256/2025 reads as under. "ORDER i) The Writ Appeal is allowed in part. ii) The order of the learned Single Judge in respect of quashing the enquiry notice dated 08.01.2024 is affirmed. iii) The direction issued by the learned Single Judge to the State Government to initiate appropriate enquiry against the Deputy Commissioner/appellant No.2 is set aside. iv) The costs of Rs.25,000/- each imposed on the Deputy Commissioner/appellant No.2 and the Tahsildar/appellant No.3 is waived." 4. Following the declaration of law made by the Division Bench of this Court referred to above, I am of the view that, respondent Nos.1 to 4 herein are directed to conduct phodi and dhurasth in respect of the subject land within a period of one month from the date of receipt of copy of this order. - 6 - HC-KAR NC: 2026:KHC:39682 WP No. 560 of 2025 CNR: KAHC010007372025 5. It is made clear that, in the event if any violation by the respondents-authorities, the same shall be viewed seriously in terms of the order passed by this Court in the Writ Appeal No.256/2025.

With this observation, the writ petition is accordingly disposed of. SD/- (E.S.INDIRESH) JUDGE BH List No.: 1 Sl No.: 10