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Sri Jitesh B P v. the Govenment of Karnataka

Karnataka HC20 Aug 2025WP/25257/2025

Case brief

AI extract

What is this about?

Karnataka High Court, WP No. 25257 of 2025 (KLR-RES), R Devdas J, decided 20.08.2025 — suo motu land records/phodi proceedings initiated by Deputy Director of Land Records, Mysore on 11.08.2025 without notice to petitioners who were respondents in Appeal No.540 of 2025-26; writ petition allowed; Annexure-A order quashed; authority directed to issue fresh notice to all respondents in the appeal, hear the petitioners and proceed in accordance with law.

What did the court decide?

Writ petition allowed; impugned order at Annexure-A dated 11.08.2025 quashed and set aside; respondent No.2 - Deputy Director of Land Records, Mysore, directed to issue notice to all respondents in Appeal No.540 of 2025-26, afford the petitioners an opportunity of hearing and thereafter proceed in accordance with law. ¶44

Sri Jitesh B P Vs the Govenment of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Deputy Director of Land Records could take up suo motu proceedings in Appeal No.540 of 2025-26 and post the matter for orders without issuing notice to the petitioners, who are respondents No.2 and 4 in those proceedings.

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Court's answer

Having regard to the admitted position that suo motu proceedings were taken up by the Deputy Director of Land Records on 11.08.2025 without even issuing notice to the petitioners and the matter was posted for orders, the writ petition was required to be allowed, and the impugned order at Annexure-A dated 11.08.2025 was quashed and set aside.

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Ratio / Principle

The respondent No.2 - Deputy Director of Land Records, Mysore, was directed to issue notice to all the respondents in Appeal No.540 of 2025-26, afford an opportunity of hearing to the petitioners and thereafter proceed in accordance with law.

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Detailed headnote1 paragraphs

Writ Petition under Articles 226 & 227 of the Constitution of India — petitioners, respondents No.2 and 4 in Appeal No.540 of 2025-26 pending before the Deputy Director of Land Records, Mysore, challenged the suo motu proceedings initiated by the Deputy Director on 11.08.2025 (Annexure-A) without issuing notice to them, in which purchasers alleged that the surveyor had wrongly conducted the phodi and the matter was posted for orders — Held, taking up the proceedings and posting the matter for orders without even issuing notice to the petitioners vitiated the order; writ petition allowed; impugned order dated 11.08.2025 quashed and set aside; Deputy Director of Land Records directed to issue notice to all the respondents in Appeal No.540 of 2025-26, afford the petitioners an opportunity of hearing and thereafter proceed in accordance with law.

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NC: 2025:KHC:32358 WP No. 25257 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE R DEVDAS

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WRIT PETITION NO. 25257 OF 2025 (KLR-RES)

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BETWEEN:

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SRI JITESH B P

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S/O LATE PUTTAPPA AGED ABOUT 32 YEARS R/AT NO.3176/A

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SRI MAHADESHWARA NAGARA

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VIJAYANAGARA 2ND STAGE MYSURU-570017

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SRI S PRASANNA KUMAR

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S/O SIDDEGOWDA AGED ABOUT 40 YEARS

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R/AT NO.631

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Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA

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BASAVESHWARA NAGARA

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METAGALLI POST, MYSURU-570016

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…PETITIONERS

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(BY SRI. M.C.ROSHAN., ADVOCATE)

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AND:

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THE GOVENMENT OF KARNATAKA PRINCIPAL SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU-560001.

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2 - NC: 2025:KHC:32358 WP No. 25257 of 2025

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HC-KAR

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THE DEPUTY DIRECTOR OF LAND RECORDS OFFICE AT DEPUTY COMMISSIONER OFFICE SIDDHARTHA NAGARA

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MYSURU, KARNATAKA 570011.

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THE ASSISTATNT DIRECTOR OF LAND RECORDS OFFICE OF ASSISTANT DIRECTOR OF LAND RECORDS TALUK OFFICE, NAZARBAD MYSURU, KARNATAKA 570010

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…RESPONDENTS

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(BY SRI.MOHAMMAD JAFFAR SHAH., AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-2 AUTHORITY TO PERMIT THE PETITIONER TO CONTEST THE APPEAL IN 540/2025-26 PENDING BEFORE THE R-2 AUTHORITY BY RECEIVING THE STATEMENT OF OBJECTION PLACED IN THE TAPPAL OF THE R-2 AUTHORITY VIDE ANX-B AND TO ADDRESS THE ARGUMENTS ON MERITS AND THEN TO PASS APPROPRIATE ORDERS IN SO FAR AS PETITIONER CONCERNED AND ETC.

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

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NC: 2025:KHC:32358 WP No. 25257 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE R DEVDAS

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ORAL ORDER

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Learned High Court Government Pleader takes notice for respondents.

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Learned counsel for the petitioner submits that in terms of Annexure-A, the 2^nd respondent - Deputy Director of Land Records appears to have taken up suo motu proceedings on 11.08.2025. It is recorded in the order sheet that respondents Nos.4, 5 and 6 are present and they contend that they have purchased the lands from respondents No.1, 2 and 3. It is alleged that the surveyor has wrongly conducted the phodi. The matter is posted for orders even without issuing notice to the petitioners, who are respondents No.2 and 4.

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Having regard to the admitted position that suo

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motu proceedings are taken up by the Deputy Director of Land Records on 11.08.2025 and without even issuing notice to the petitioners and the matter is posted for

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4 - NC: 2025:KHC:32358 WP No. 25257 of 2025

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HC-KAR

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orders, the writ petition is required to be allowed and is accordingly allowed. The impugned order at Annexure-A dated 11.08.2025 is quashed and set aside. The respondent No.2 - Deputy Director of Land Records, Mysore, is directed to issue notice to all the respondents in Appeal No.540 of 2025-26, afford an opportunity of hearing to the petitioners and thereafter proceed in accordance with law.

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Order accordingly.

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4. Learned Additional Government Advocate is

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permitted to file memo of appearance within a period of four weeks from today.

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Sd/(R DEVDAS) JUDGE

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KLY CT: JL

Sri Jitesh B P v. the Govenment of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Jitesh B P v. the Govenment of Karnataka

Case brief

What is this about?

What did the court decide?

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What the court decided

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