Smt. Channamma v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 7961 OF 2026 (KLR-RES)

BETWEEN:

SMT. CHANNAMMA AGED ABOUT 73 YEARS W/O KRISHNAPPA R/A BOYINAHALLI VILLAGE MANDIKAL HOBLI CHIKKABALLAPURA TALUK-562104 …PETITIONER (BY SRI. MOHANA CHANDRA P., ADVOCATE)

AND:

¶1STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BANGALORE 1.

¶2THE ASSISTANT DIRECTOR OF LAND RECORDS CHIKKABALLAPURA TALUK CHIKKABALLAPURA 562101 …RESPONDENTS (BY SMT. B.P.RADHA, AGA)

by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 05/02/2026 ISSUED BY THE R2 VIDE ANNX-D NO. BHU.SA.NI.MA/11E/ETHARE/43/2025-

26., AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

Learned Additional Government Advocate takes notice for both the respondents.

¶2The grievance of the petitioner is directed towards Annexure-D, the impugned endorsement issued by the respondent No.2 - Assistant Director of Land Records, Chikkaballapura Taluk. Learned counsel for the petitioner submits that the petitioner is the owner of 1 acre 8 guntas of land in Survey No.77/2 of Boyinahalli Village, Mandikal Hobli, Chikkaballapura Taluk. The petitioner has sought for phodi in terms of Annexure-E dated 24.06.2025. However, the Assistant Director of Land

Records, has issued the impugned endorsement dated

05.02.2026 at Annexure-D, declining to conduct the phodi on the ground that in O.S. No.5/2026 on the file of the learned 1st Additional Senior Civil Judge and JMFC, Chikkaballapur, an order has been passed to maintain status quo and therefore the ADLR is not in a position to do the phodi.

¶3This Court on an earlier occasion had dealt with a similar matter in WP 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 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.

Learned counsel submits that the injunction granted by the trial court is in the suit filed by the petitioner, where directions are issued to the parties to maintain status quo in respect of the possession of the property and that does not mean that the phodi or survey proceedings cannot be conducted. This Court disposed of the matter directing the respondent-ADLR therein to issue notice to all concerned and thereafter proceed to conduct phodi.

¶4Having regard to the facts narrated herein above and the law laid down by this court, the writ petition stands disposed of with a direction to the 2nd respondent - Assistant Director of Land Records, Chikkaballapura 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.

¶5Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.

Sd/- (R DEVDAS) JUDGE

GPG