B Y Vishesh Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

B Y Vishesh Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Specific direction to respondents Nos.3 and 4 to consider the petitioners' online application dated 05.01.2022 and conduct the Phodi and durasth work as expeditiously as possible, and at any rate within four weeks from the date of receipt of a copy of the order; the learned Additional Government Advocate was granted four weeks to file his memo of appearance.

Issue for consideration

Whether respondents Nos.3 and 4 (Assistant Director of Land Records and Tahsildar, Tarikere Taluka) should be directed to consider the petitioners' online application dated 05.01.2022 and conduct Phodi and Durast in respect of Sy No. 9 of Arasikere Village, Lakkavalli Hobli, Tarikere Taluk.

Court's answer

Having regard to the fact that the application was filed online by the petitioner on 05.01.2022, the Court held it unacceptable that the application had not been acted upon till date.

Ratio / Principle

The writ petition was disposed of with a specific direction to respondents Nos.3 and 4 to consider the online application filed by the petitioner, conduct the Phodi and durasth work as expeditiously as possible, and at any rate within a period of four weeks from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

Writ petition under Articles 226 & 227 of the Constitution of India filed by B.Y. Vishesh and B.Y. Chakresh seeking a direction to the Assistant Director of Land Records and the Tahsildar, Tarikere Taluka (respondents Nos.3 and 4), to act upon their online application dated 05.01.2022 (Annexure-A) for Phodi and Durast of Sy No. 9 of Arasikere Village, Lakkavalli Hobli, Tarikere Taluk, which remained pending consideration as on 20.06.2025, stalled at column No.7 where the LND/Shirasthedhar was to forward records to the surveyor. Holding the continued inaction unacceptable, the Court (R Devdas J) disposed of the petition with a specific direction to respondents Nos.3 and 4 to consider the application and conduct the Phodi and durasth work as expeditiously as possible, and at any rate within four weeks from the date of receipt of a copy of the order; the learned Additional Government Advocate was granted four weeks to file his memo of appearance.

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NC: 2025:KHC:30023 WP No. 23167 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS

WRIT PETITION NO. 23167 OF 2025 (KLR-RR/SUR)

BETWEEN:

B. Y. VISHESH, S/O B. V. YOGISH, AGED ABOUT 39 YEARS,

B. Y. CHAKRESH, S/O B. V. YOGISH, AGED ABOUT 43 YEARS,

BOTH ARE R/A NO. 607, OPPOSITE TO APMC, B H ROAD, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT – 577 228

…PETITIONERS

Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

(BY SRI. RAVEENDRA G. KOLLE, ADVOCATE)

AND:

THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPT. OF REVENUE M.S. BUILDING, BENGALURU – 560 001

THE DEPUTY COMMISSIONER CHIKKAMAGALURU – 577 101 CHIKKAMAGALURU DISTRICT, EMAIL: [email protected]

2 - NC: 2025:KHC:30023 WP No. 23167 of 2025

HC-KAR

THE ASSISTANT DIRECTOR OF LAND RECORDS TARIKERE TALUKA, TARIKERE – 577 228 CHIKKAMAGALURU DISTRICT

THE TAHSILDAR TARIKERE TALUKA, TARIKERE – 577 228 CHIKKAMAGALURU DISTRICT, EMAIL: [email protected]

…RESPONDENTS

(BY SRI. MOHAMMED JAFFAR SHAH, AGA)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING 3^RD RESPONDENT ASST. DIRECTOR OF LAND RECORDS AND 4^TH RESPONDENT TAHSILDAR TO CONDUCT PHODI AND DURAST EXPEDITIOUSLY PURSUANT TO AN ONLINE APPLICATION FILED BY PETITIONERS ON 05.01.2022 PRODUCED AT ANNEXURE-A IN RESPECT OF SY NO. 9 OF ARASIKERE VILLAGE, LAKKAVALLI HOBLI, TARIKERE TALUK 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 is directed

to take notice for all the respondents.

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NC: 2025:KHC:30023 WP No. 23167 of 2025

HC-KAR

Learned counsel for the petitioners submits

while pointing out to Annexure-A, that the online application filed by the petitioners on 05.01.2022 for Phodi and Durasth of the lands in question is still pending consideration as on 20.06.2025. It is pointed out from column No.7 that the LND, Shirasthedhar was required to forward the records to the surveyor and at that stage the application is pending.

Having regard to the fact that the application was filed online by the petitioner on 05.01.2022, it is unacceptable that the application is not acted upon till date.

Consequently, the writ petition stands

disposed of with a specific direction to respondents Nos.3 and 4 to consider the online application filed by the petitioner, conduct the Phodi and durasth work as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of copy of this order.

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NC: 2025:KHC:30023 WP No. 23167 of 2025

HC-KAR

Learned Additional Government Advocate is

granted four weeks time to file his memo of appearance.

Sd/(R DEVDAS) JUDGE

KLY CT: JL